N.C. Talukdar, J. - (1.) This Rule was issued upon an application under Sec. 491 of the Code of Criminal Procedure, filed on behalf of the detenue, Kamakshya Mukherjee, praying for a writ and/or direction in the nature of habeas corpus 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 Sec. 3(2)(a) of the Preventive Detention Act, 1950 (IV of 1950) by an order, being order No. 16 P.D.A. dated August 9, 1967, 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 detained 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. 'A', is in these terms: Group 'A' Government of West Bengal, Office of the District Magistrate, Jalpaiguri. ORDER Dated, 9 -8 -1967 No. 16 P.D.A. Whereas I am satisfied with respect to the person known as Shri Kamakshya Mukherjee alias Haru, son of Shri Jitendra 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 Sec. 3(2)(a) of the Preventive Detention Act, 1950 (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. Stamp of the DistrictMagistrate, Jalpaiguri Sd/ - S.P. MallickDist. Magistrate, Jalpaiguri;