Sarkaria, J. - (1.) The petitioner challenges the order of his detention made under Section 3 of the Maintenance of Internal Security Act 1971, by the District Magistrate, Murshidabad. The order was made on May 10, 1973 with a view to prevent him from acting in any manner prejudicial to the maintenance of public order. It is founded on two incidents, the facts of which were incorporated in the grounds of detention. One was that on the night of 31-3-1973 at about 00. 01 hrs, the petitioner along with his associates armed with firearms and other deadly weapons committed a daring dacoity in the house of Abdur Razak of village Chanderpara, Police Station Domkal, and the second was that on the same night at about 2 to 2-30 hrs., he along with his associates armed with fire-arms and other deadly weapons, committed dacoity in the house of one Amiruddin Mondal of village Sreerampur, P. S. Jallangi, and assaulted the inmates of the house and looted the property.
(2.) Two F.I.Rs. with regard to these dacoities were registered with the Police. One was case No. 16 of 31-3-1973 under Section 395, Penal Code, registered at Police Station Domkal, and the other was Case No. 13 of 31-3-1973 registered under Sections 395 and 397, Penal Code at Police Station, Jallangi. The detenu was not named in the F.I.Rs. But during investigation, it was discovered that he was concerned in these incidents.
(3.) The petitioner was arrested on 3-4-1973 in connection with those cases. The police, however, submitted a report to the Magistrate that the detenu was a dangerous person and the witnesses were afraid to depose against him. He was consequently discharged by the Magistrate on 22-3-1973, but in pursuance of the detention order he was taken into custody on the same day.;