N.C.Talukdar, J. - (1.)This Rule was issued upon an application under Section 491 of the Code of Criminal Procedure, filed on behalf of the detenu, Kamakshya Mukheriee, praying for a writ and/or direction in the nature of habeas cor pus against the State of West Bengal, the District Magistrate, Jalpaiguri and the Superintendent of Jail, Jalpaiguri.
(2.)The applicant before us has been detained under section 3(2) (a) of the Preventive Detention Act, 1950 (Act IV of 1950) by an order, being order No. 16-P.D.A. dated 9-8-67 passed by Shri S. P. Mallick District Magistrate, Jalpaiguri. By a further order No. 16A-P.D.A of 1967, bearing the same date, the petitioner was directed by the said District Magistrate to be detainpd in the Jalpaiguri Jail.
(3.)The order of detention, a copy whereof has been annexed to the petition moved in this court and marked as annex-ure 'A', is in these term:
"Group. 'A' Government of West Bengal Office of the District Magistrate, Jalpaiguri, ORDER No. 16 P. D. A. Dated 9-8-67 Whereas I am satisfied with respect to the person known as Shri Kamakshya Mukherjee alias Haru son of Shri Jiten- dra Nath Mukherjee of Ukilpara, P. S. Kotwali, District Jalpaiguri, that with a view to preventing him from acting in a manner prejudicial to the maintenance of public order it is necessary so to do. Now, therefore, in exercise of the powers conferred by Section 3(2)(a) of the Preventive Detention Act, 1950 (Act IV of 1950), I make this order directing that the said Shri Kamakshya Mukherjee alias Haru be detained. Given under my hand and seal of office Sd. S. P. Mallick District Magistrate. Jalpaiguri"
Stamp of the Dist. Magistrate. Jalpaiguri.