Sudhamay Basu, J. - (1.) This Rule obtained on an application under section 491 of the Code of Criminal Procedure by Shri Chunilal Gupta, a son of the detenue, Shri Ram Narayan Gupta, relates to an order of detention dated the 7th of April, 1972 passed by the District Magistrate, Midnapur in exercise of the powers vested in him under sub-section (1) read with sub-section (2) of section 3 of the Maintenance of Internal Security Act, 1971. The detenu was arrested on the 13th of April, 1972 by virtue of the said order on the ground that he was "acting in a manner prejudicial to the maintenance of supplies and services essential to the community as evidenced by the particulars given below ; -
(2.) On 2.7.71 at about 20.00 hours. you along with your associates committed theft in respect of D. C. Relays from J. Cabin, Nimpura, worth about Rs. 3000/-. Due to such act of yours, auto signal of Nimpura failed and the train services remained suspended for several hours. "Thus you acted in a manner prejudicial to the maintenance of supplies and services essential to the community (2) On 7.7.71 about 07.00 hours you were found proceeding with a bag in a rickshaw towards Kharagpur Railway Station. The bag contained 4 K.Gs. of copper pieces, 15 K.Gs.of brass pieces, 45 pieces of brass chakti marked SER and 5 brass machinery parts. You were challenged and arrested by the Police and as you failed to account for the possession of those properties, after arrest in pursuance of your statement Police recovered 5 cables of signalling relays of D. C. neutral line, one bundle of insulated copper winding wire for transformer, 25 kgs. of copper winding wire for about 60 relays, 7 strand flexible copper wire used for pdg. earth connection of signalling circuits in Railway. electrified area, broken piece of moulded cases for signalling line relays, one piece of P.V.C. cable wire, 10 Kgs. of copper wire of diff. gauges cut into pieces, 76 brass chakti marked SER Railway. Protection Force from your house. Railway. expert opined that the materials are use in the Railway. only in signal and communication branch and cannot obtained from any other source. Thus you acted in a manner prejudicial to the maintenance of supplies and services essential to the community. (3) On 31.1.72 at about 20.50 hours you along with your associates committed theft in respect of Post and Telegraph Truni Telephone cable worth about Rs. 340/- from KM/105/2-4 near Jakpur Railway Station. Due to such act of yours trunk telephone lines remained suspended for several hours. Thus you acted in a manner prejudicial to the maintenance supplies and services essential to the community."
(3.) It appears that on 23-5-1972 the detenu as petitioner obtained Rule under section 491 of the Code of Criminal Procedure from the Court in Criminal Misc. Case No. 809 of 1972. The Rule was however, discharged by a Bench of this Court consisting of A.P. Das and A. De, JJ. on 3-8-72. It is contended by Mr. Dhar the learned lawyer appearing on behalf of the detenu, that some materials on record had ben been placed and some points of law had not been urged on behalf-the detenu before that Bench. In view of the same this Bench, according to Mr. Dhar, is competent to entertain this application and pass another appropriate order relating to the said detention order passed by the District Magistrate of Midnapore on 7-4-1972.;