LAL KAMAL DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner challenges the order of his detention made under the Maintenance of Internal Security Act, 1971 by the District Magistrate 24-Parganas on the ground that it was necessary to prevent him from acting in any manner prejudicial to the maintenance of supplies and services essential to the community.

(2.) The impugned order was made on March 4, 1974. It was founded on a simple, solitary incident of theft of anticreep wire from the Railway installations between Gobardanga and Machhalandapur in Bongaon section of Eastern Railway. The report to the State Government under Section 3 (3) of the Act was made by the District Magistrate on 5-3-l974. The order of detention was approved by the State Government on 11-3-1974, and on the same day, the fact was reported by it to the Central Government pursuant to the order of detention, the petitioner was detained on 13-3-1974 and the grounds of detention were served on him the same day.

(3.) The contention of Mr. P. S. Khare, appearing as amicus curiae for the petitioner, is that this was a case of theft simpliciter for which he could easily he prosecuted under the ordinary penal law and that the averment in the counter affidavit to the effect that the prosecution witnesses, out of fear, were not coming forth to give evidence is something which no reasonable man can believe. This is a case in which the power of preventive detention, according to the Counsel has been exercised in a colourable manner to subvert the process of a criminal trial. Reliance has been placed on the decision of this Court in Srilal Shaw v. State of West Bengal, W. P. No.453 of 1974, D/-4-12-1974 = (reported in AIR 1975 SC 393) and Noor Chand Sheikh v. State of West Bengal, AIR 1974 SC 2120.