GOPAL BAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner challenges the validity of the order of his detention made under Section 3 of the Maintenance of Internal Security Act, 1971, by the District Magistrate, Howrah. The order states that the detention has been made with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies and services essential to the community. The order is founded on two incidents, the facts of which were incorporated in the grounds of detention and read as under:

(2.) In respect of the incident of 19-2-1973, G. R. P. S. Case No. 63 under Sections 147/336/307/461/379, Penal Code and Sections 3 and 5 of the Explosive Substances Act was registered with the police on 21-2-1973. Another case was registered with the police under the aforesaid sections of Penal Code and of the Explosive Substances Act in respect of the second incident, dated 1-3-1973. The petitioner was not named in the F. I. Rs. His complicity was revealed during investigation of the above cases. He was arrested by the police on 22-3-1973 in connection with those cases. He was forwarded to a Judicial Magistrate, who however freed him from custody on 16-6-1973. Pursuant to the order of detention, he was taken into custody soon after his release. The final report by the police to the Judicial Magistrate in those cases was made on 18-8-1973 with a prayer that the detenu be discharged from the said cases as the witnesses being afraid of the detenu, who was a dangerous character, were not willing to depose against him in court. In consequence, the Magistrate discharged the petitioner in those cases on 18-8-1973.

(3.) The first contention of Mr. Aneja, learned Counsel appearing as amicus curiae for the petitioner is that the second ground of detention was not germane to the object of supplies and services essential to the community. The contention must be repelled. The second ground speaks of theft of batteries from an empty rake which was stabled between Chandmari Bridge and Floyer Bridge at Howrah Goods Railway Yard. When the R. P. F. Party intervened, the miscreants attacked them by hurling bombs and succeeded in removing forcibly the stolen property to some distance. According to the counter this had resulted in disruption of the train services. Batteries are essential equipment. The mere fact that at the time of theft the rake lay stabled and was not in motion does not mean that the theft of this essential equipment would not prejudicially affect the smooth and systematic running of the trains.