Palekar, J. - (1.) This is a petition under Article 32 of the Constitution for an order in the nature of habeas corpus on the ground that the petitioner is illegally detained. The detention order was passed by the District Magistrate, 24 Parganas, on 22-1-1972. It was passed in the exercise of the powers conferred by sub-section (1) r/w sub-section (2) of Section 3 of the Maintenance of Internal Security 1971 (Act 26 of 1971), since the District Magistrate was satisfied that with a view to preventing the petitioner from acting in a manner prejudicial to the maintenance of supplies and services essential to the community it was necessary to detain him.
(2.) The detenu's case (supra) was placed before the Advisory Board on 24-2-1972 and after receiving the opinion of the Advisory Board the State Government confirmed the detention on 29-3-1972. It appears that the petitioner had approached the High Court but his petition was dismissed on 19-6-972. The petitioner has come here under Article 32 of the Constitution by a separate petition.
(3.) The grounds which were communicated to the petitioner are as follows: "You have been storing and dealing in both foreign imported rice and indigenous rice keeping godown and shop on K. N. C. Road, Baraset town, P. S. Baraset, Distt. 24-Parganas from February, 1970 without obtaining any licence or authority. On 6-11-1971, at about 23.00 hrs. you illegally procured a huge quantity of foreign imported Japanese rice from Sekendar Ali Mondal and Nurujjaman at Digha, P. S. Baraset, Distt. 4-Parganas and carried such rice to your shop and 2 godowns in a lorry at Baraset town in the same night without any permit for storing and subsequent sale without having any licence or authority. In pursuance of a statement of Sekendar Ali Mondal and on his identification on. 7-11-71 between 08.30 hrs. and 11.00 hrs., your shop and 2 godowns on K. N. C. Road, Baraset town were searched and 38.96 qtls. of foreign imported Japanese rice, 1.08 qtls. of atap rice and 00.60 qtls. of boiled rice, stored therein for sale, without any authority, were seized. As a result of your action, normal supply of rice to the public consumers was interrupted causing great hardship upon them. Thus you acted in a manner prejudicial to the maintenance of supplies and services, essential to the community.";