N.C.Talukdar, J. - (1.) This Rule was issued on an application under Section 491 of the Code of Criminal Procedure praying for a writ and/or order and/or direction in the nature of habeas corpus on behalf of the detenue, Sunil Kumar Samaddar, and is against the State of West Bengal through the Secretary, Home Department, Superintendent Hooghly Jail, the Assistant Secretary, Home (Special) Government of West Bengal and the District Magistrate, Hooghly.
(2.) The applicant before us has been detained under Section 3, Sub-section (1) read with Sub-section (3) of the West Bengal (Prevention of Violent Activities) Act, 1970 (President's Act No. 19 of 1970) by an order, being Order No. 247/J. M./P. V. A. dated the 25th December, 1970 passed by the District Magistrate, Hooghly. By a further order No. 248/J. M./P. V. A. dated 25-12-1970, the applicant was directed by the said District Magistrate to be detained in the Hooghly Jail. The petitioner is stated to have been arrested on the 24th December, 1970 and served with the grounds of detention.
(3.) A copy of the order of the detention marked as annexure 'A' to the petition moved in this Court is as follows: "No. 247/J. M./P. V. A. dated, Chinsurah, the 25-12-1970 Whereas I am satisfied with respect to the person known as Shri Sunil Samaddar S/o Lt. Rajendra Nath Samaddar of Bhunpur P.S. Pandua, Dist. Hooghly that with a view to preventing him from acting in any manner prejudicial to the maintenance of Public Order, it is necessary so to do. I, therefore, in exercise of the powers conferred by Sub-section (1) read with Sub-section (3) of Section 3 of the West Bengal (Prevention of Violent Activities) Act, 1970, (President's Act No. 19 of 1970) make this order directing that the said Shri Sunil Samaddar be detained. Given under my hand and seal of office. District Magistrate, Hooghly." The grounds of detention as annexed are: "(1) On 5-12-1969 at about 08.30 hrs. at Sargoria Mouza you along with your associates after forming unlawful assembly forcibly harvested the paddy crop from the lands of Shri Bejoy Keshob Kumar and Shri Charan Tulshi Bhattacharjee of Baidyapur, P.S. Kalna and took away same depriving them from their legal ownership of the crop. (2) On 7-6-1970 at about 07.00 hrs. at Bhunpur you along with your associates assaulted Shri Tarak Das Kumar and others of Bhunpur and wrongfully confined them till the arrival of police party while they were proceeding to Boinchee with a cart load of boiled paddy for husking purposes. (3) On 23-6-1970 morning you along with your associates went to the land of Shri Tara Pada Banerjee of Inchura, P.S. Pandua and did not allow his labour to cultivate land. (4) On 23-6-1970 morning you along with your associates went to the land of Shri Tara Pada Banerjee of Inchura, P.S. Pandua and assaulted the labourers who were ploughing land and threatened to murder them. (5) On 28-6-1970 at about 22 hrs. you along with your associates being armed with bomb formed an unlawful assembly in front of the Bhunpur Police Camp and exploded towards the police personnel with a view to injure them. (6) On 19-12-1970 at about 14.30 hrs. you along with your associates formed an unlawful assembly and violated the order promulgated Under Section 144, Criminal Procedure Code and abducted one Jahangir Sattar S/o Lt. Abdus Sattar, Ex-Labour Minister, West Bengal and assaulted him with deadly weapon at Raijmna village, P.S. Pandua. (7) On 24-12-1970 at 12.30 hrs. you along with your associates gheraod the arresting police party after forming an unlawful assembly at Bhunpur P.S. Pandua during the time of arrest pelted brick, brickbats towards them causing damage to the vehicle and also assaulted some of the police personnel causing injuries on their persons." ;