(1.) This Rule was issued on an application under Section 491 of the Code of Criminal Procedure praying for a writ and/or order and/or direction in the nature of habeas corpus on behalf of the detenue, Sunil Kumar Samaddar, and is against the State of West Bengal through the Secretary, Home Department, Superintendent Hooghly Jail, the Assistant Secretary, Home (Special) Government of West Bengal and the District Magistrate, Hooghly.
(2.) The applicant before us has been detained under Section 3, Sub-section (1) read with Sub-section (3) of the West Bengal (Prevention of Violent Activities) Act, 1970 (President's Act No. 19 of 1970) by an order, being Order No. 247/J. M./P. V. A. dated the 25th December, 1970 passed by the District Magistrate, Hooghly. By a further order No. 248/J. M./P. V. A. dated 25-12-1970, the applicant was directed by the said District Magistrate to be detained in the Hooghly Jail. The petitioner is stated to have been arrested on the 24th December, 1970 and served with the grounds of detention.
(3.) A copy of the order of the detention marked as annexure 'A' to the petition moved in this Court is as follows: