BABLU DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner was detained pursuant to an order dated 1st December, 1972. The sole ground on which the District Magistrate, 24-Parganas (the detaining authority) relied has been set out in the 'ground' communicated which runs as follows:

(2.) This case, when it had come up earlier for hearing created some doubt in the mind of the Court as to whether this single incident alone would have persuaded the authority into the satisfaction about future prejudicial activity of disrupting supplies and services essential to the life of the community. Counsel for the State fairly agreed that he would produce the file relevant to this point. To-day, when arguments were commenced, counsel brought to our notice the history sheet which was placed before the District Magistrate on the strength of which the subjective satisfaction was entertained.

(3.) We have seen from the said bio-data that, apart from the single incident of crime which was communicated as a ground to the detenu, there is also a series of other injurious circumstances of the immediate past about the criminal antecedents of the detenu which were not communicated. Indeed, this chain of facts explain why in the counter affidavit it has been stated that: