DULAL ROY Vs. DISTRICT MAGISTRATE BURDWAN

JUDGEMENT

(1.) Dulal Roy, the petitioner challenges the order, dated August , 21, 1972, of his detention made by the District Magistrate, Burdwan under Section 3 of the Maintenance of Internal Security Act, 1971 (hereinafter called the Act). The order states that it is necessary to detain him with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies and services essential to the community.

(2.) On 29-7-72 at 2 a.m. you with your associates committed theft of Tower Members from Tower Nos. 246, 247, 248 situated on the field near Dewandighi, P. S. Burdwan and by commission of such theft the towers were likely to fall resulting in stoppage of supply of electricity which is essential for maintenance of supplies and services to the community, in Calcutta area and its suburbs."

(3.) In connection with the above thefts, two cases, one on 21-7-72 and the other on 1-8-1972, under Section 379, Penal Code were registered with the police. The petitioner was not named in the F.I.R. His complicity was detected in the course of investigation. He was consequently arrested on 3-8-72 -and sent up before the Judicial Magistrate. After further investigation, the police submitted a final report and the petitioner was discharged in both the cases on 3-972. On the same day, he was taken into custody pursuant to the impugned order of detention.