Ramendra Nath Dutt, J. - (1.) This is an application under Sec. 491 of the Code of Criminal Procedure for a writ in the nature of habeas corpus against the detention of Utpal Kumar Pandey, alias Utpal Pandey, under Sub -section (2) of Sec. 3 of the Preventive Detention Act, 1950.
(2.) It appears that the detenu Utpal Kumar Panday is being detained without trial on the basis of a detention order made by the Commissioner of Police, Calcutta, on April 7, 1969, under Sec. 3(2) of the Preventive Detention Act, 1950.
(3.) From the order of detention we find that the detenu is being detained with a view to prevent him from acting in a manner prejudicial to the maintenance of public order. The detenu was served with the grounds for his detention. The grounds, two in number, are as follows: (i) That on March 31, 1969, at about 3.30 p.m. you being armed with bombs along with Tapan Kumar Upadhya of 1/1A Goabagan Street, Calcutta, Debendra Nath Jha of 3/A Goabagan Street, Biplab Mukherjee of 30 Garanhata Street and others, all armed with bombs, soda -water bottles and brickbats created a great disturbance on Jatindra Mohan Avenue in front of premises No. 2 when you indiscriminately hurled bombs and your above -named associates indiscriminately hurled bombs, soda -water bottles and brickbats aiming at the local people endangering their lives and thereby creating panic and disorder in the locality. (ii) That on April 4, 1969, at about 9 -30 p.m. you being armed with bombs along with Narayan Chandra Mitra of 12 Peari Mohan Sur Lane, Hiran Kumar Pandey of 1 /1A Goabagan Street, Ganesh Singh of 1 Ramesh Dutta Street, Panchu Gopal Das of 39/2 Ram Dulal Sarkar Street and others all armed with bombs and soda -water bottles created a great disturbance on Beadon Street near its crossing with Jatindra Mohan Avenue when you indiscriminately hurled bombs and your above -named associates indiscriminately hurled bombs and soda -water bottles towards the local people endangering their lives and thereby caused a panic and disorder in the locality.;