Parimal Kumar Chanda, J. - (1.) This is an application under section 491 of the Code of Criminal Procedure filed by Jith Bahadur Pariar, the detenue who has been ordered to be detained by the District Magistrate, Jalpaiguri pursuant to Order No. 74 Miss. Act dated 1.2.5.1973 with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. The grounds of detention are as below:-
(2.) On the night of 11/12.12.72 at about 01.00 hrs. you along with your associates Sarbashri Yusuf Miyan, Naren Adhikary, Teila Uroon and Azizur Rahman and others being armed with guns and others lcthel weapons raided the house of Shrimati Naiti Chotrini wife of Shri Bahadur Chotrini of Godown Line, Buznaj Tea Estates, P.S. Madarihat, Dist. Jalpaiguri, assaulted the inmates of the house and looted away cash, radio, wrist watches, clothes and ornaments valued at Rs. 6,605.22 paise only from the house, You committed the crime in a most daring way in the heart of the said tea garden. This act of yours caused widespread panic and terror in the area so much so that police patrols had to be deployed there for days together for restoration of normalcy in the area. This act of yours highly disturbed the public order.
(3.) On 2.3.73 at about 23.00/23.30 hrs. you along with your associates Sarbashri Yusuf Miyaru Satish Barman Roy, Teila Uroon, Kausher Alam and others, being armed with a number of firearms raided the house-cum-shop of Shri Sohan Lai Agarwala S/o Late Golap Agarwala Criminal Miscellaneous No. 819 of 1973. of Hantapara Tea Estate, P.S. Madarihat, Dist. Jalpaiguri, brutally assaulted the inmates of the house and looted away the D.B.B.L, gun, cash, clothes valued at 206/- only from the house. You committed the crime with unspeakable atrocities. The yelling and welling of the women old and the children did not provoke any mercy or sympathy from you. The neighbouring people became so much panic-stricken that police patrols had to be deployed there for days together for restoration of normalcy in the area. This act of your highly disturbed the public order.;