DEVATA LAKSHMINARAYANA Vs. STATE

JUDGEMENT

(1.) THE petitioner is said to have transported explosive substances, such as potassium chlorate, potassium nitrate, and sulphur from Bezwada to Jeggayyapet. He was arrested on 1st January 1949 for having committed an offence punishable under the Explosive Substances Act (Act VI [6] of 1908); but instead of being brought to trial for this offence, he was served on 30th January 1949, with an order of detention under Act, I [1] of 1947. Grounds of detention were served on 1st March 1949; and nine days later a charge -sheet was filed against the petitioner and two other. On 17th March 1949, the petitioner made the usual representations, denying that he had any connection with communists, saying that he had always been a staunch supporter of the Congress Party, and had contributed to their funds. These representations were sent to the District Magistrate by the Government for report; and three months elapsed before the District Magistrate sent in his report on 21st June 1949. The matter was referred to the Advisory Council on 4th July 1949, and no final orders have been passed; nor, we understand, has the petitioner or his co -accused been brought to trial.

(2.) IN the grounds of detention only one ground is given for the detention of the petitioner, and that is the one with which he has been charged. It is said in the second paragraph:

(3.) FOR these reasons, in particular for the first reason, I am of opinion that the petitioner should be set at liberty forthwith.