R.N.Dutt, J. - (1.) This is an application under Section 491 of the Code of Criminal Procedure for a Writ in the nature of Habeas Corpus directing release of the petitioner Benoy Kumar Biswas.
(2.) The petitioner was arrested on January 14, 1965 and detained in the Dum Dum Central Jail under Rule 30(1)(b) of the Defence of India Rules, 1962. The order of detention is set out below; "Whereas the Governor is satisfied that with a view to preventing Shri Benoy Kumar Biswas, son of Shri Upendra Nath Biswas, of Bongaon Rail Bazar, P. S. Bongaon, Dist. 24 Parganas, from acting in any manner prejudicial to the maintenance of public order, it is necessary to make an order directing that he be detained; Now, therefore, the Governor in exercise of the power conferred by Rule 30 of the Defence of India Rules, 1962, is pleased hereby to direct that the said person be detained and be kept in custody in the Dum Dum Central Jail during the period of such detention. BY order of the Governor Sd/- Illegible Asstt. Secy, to the Government of West Bengal."
(3.) The order recites that the Governor was satisfied that with a view to preventing Benoy Kumar Biswas from acting in any manner prejudicial to, the maintenance of public order it was necessary to detain him. The petitioner alleges that the order of detention is mala fide. It is said that he has a grocers business at Ranaghat, that in connection with that business he had to go to Bongaon at times, that he had some trouble with the Railway Police men and in 1960 the Railway Police started a false prosecution against him but he was acquitted by a Magistrate at Bongaon. It is then said that even thereafter the Police pursued him and there were several other prosecutions but ultimately all ended in his favour. Then again in 1964 the Police prosecuted him under Rule 41(5) of the Defence of India Rules 1962 on the allegation that he had smuggled spices from East Pakistan. He was being tried by a Magistrate at Krishna-gar. While the case was pending there, the petitioner was taken into custody on January" 13, 1961 on the strength of the detention order made on December 21, 1964. It is said that thereafter the case against him was withdrawn. It in alleged that as the Police failed to secure his conviction for any substantive criminal offence he was detained under Rule 30(1)(b) of the Defence of India Rules.;