DHENA HEMBRAM Vs. DISTRICT MAGISTRATE WEST DINAJPUR

JUDGEMENT

(1.) An order of detention was passed against the detenu by the District Magistrate, West Dinajpur on 4th May, 1974 under sub-section (1) read with sub-section (2) of Section 3 of the Maintenance of Internal Security Act, 1971. In pursuance of this order the detenu was arrested on May 8, 1974. On June 6, 1974 the case of the detenu was referred to the Advisory Board which reported on 6th July, 1974 that there were sufficient grounds for detaining the petitioner. The petitioner also made a representation which was received by the Government on June 25, 1974 and it was rejected by the State Government on July 2, 1974.

(2.) It is conceded by learned counsel appearing as amicus curiae for the petitioner that all the formalities required under the provisions of the Maintenance of Internal Security Act have been duly complied with. The grounds served on the petitioner are as follows:

(3.) The grounds are absolutely clear and specific and learned counsel has also conceded that the grounds are relevant and do not suffer from any ambiguity. The detenu is alleged to have committed two dacoities, one after the other within a period of two months. In the course of both the occurrences he is said to have used fire arms and threatened witnesses and therefore nobody is available to depose against him. This has undoubtedly disturbed public order.