Sarkaria, J. - (1.) The petitioner challenges the validity of the order, dated December, 14, 1972, of his detention made by the District Magistrate 24, Parganas under Section 3 of the Maintenance of Internal Security Act (hereinafter called the Act).
(2.) The only ground of detention served on the detenu runs thus: "You are being detained ...on the ground that you have been acting in a manner prejudicial to the maintenance of supplies and services essential to the community as evidenced by the particulars given below: "That on 10-9-72 in between 06.30 hrs. and 07.30 hrs. you and your associates broke open Wagon Nos. PC 12799 NR 35424 and ERC 97048 loaded with foodgrain (wheat) and committed theft in respect of the same from Canning Railway Yard. You were named in the F. I. R. and subsequently arrested."
(3.) In the counter-affidavit filed by the District Magistrate, it is averred that he was "satisfied from the materials on record as stated in the ground of detention", and the "acts committed by the detenu (as disclosed in the grounds furnished to the detenu) about the necessity of making the detention order." It is nowhere said in the counter that anything more than the bald information given (vide Annexure A, to the counter) was communicated to the detenu. Therefore, neither the contents of the F.I.R. nor the vital particulars of the incident of theft on which the subjective satisfaction of the District Magistrate was based, were communicated to the detenu. The material served on the detenu in conspicuous by the non-mention of many facts of the incident, such as, the quantity of wheat stolen, the implements or weapons, if any, with the thieves, the show of force, if any, accompanying the theft, the magnitude and duration of the dislocation caused to the supplied and services;