RAM CHANDRA PAUL Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) In this application under Sec. 491 of the Code of Criminal Procedure the Petitioner is disputing the validity of the detention of the detenu Kali Mohan alias Sambhu Pal who has been put to preventive detention under an order dated May 22, 1972, passed by the District Magistrate, Nadia, in exercise of his powers under Sec. 3(1) read with Sec. 3(2) of the Maintenance of Internal Security Act, 1971. The object of detention is to prevent the detenu from acting in any manner prejudicial to the maintenance of supplies and services essential to the community. The detention rests on a single ground which recites as follows: During watch on your shop on 20.5.1972 between .11.45 hours and 12.15 hours it was noticed that you kept in readiness in your shop 7 purias of mill -made shari and 18 purias of dhoti for illegal export to Bangladesh and men were ready to take them away. You thus made an attempt to export cloth which is essential to the community. Thus you acted in a manner prejudicial to the maintenance of supplies and services to the , community.

(2.) In our reading the ground is quite relevant to the object of detention as it clearly indicates that the allegation against the detenu is that he was found making attempt to wrongfully divert essential supplies outside the country to the prejudice of the people at large.

(3.) Mr. Acharyya appearing in support of this Ruler has, however, raised two points. In the first place, he has contended that unusually the three documents, namely, the order of detention, the custody order and the ground have been signed by the District Magistrate in a peculiar manner by setting out the first name which is equivalent to the christen name in a man's signature. To be specific he has signed his order by merely writing 'Dipak' though there is no doubt that his name is Dipak Ghosh. According to Mr. Acharyya this is not a valid signature of an official document and no detention can rest on an order so signed.