KARUNAKAR NAYAK Vs. SUNDARGARH

JUDGEMENT

(1.) THIS is an application for a writ of habeas corpus directed against the order of detention passed by the District Magistrate, Sundargarh, on 16th January, 1975, in exercise of powers conferred on him under Section 3(2) (a) read with Section 3 (1) (a) (iii) of the Maintenance of Internal Security Act, 1971 (hereafter referred to as the 'Act').

(2.) ON 20th of January, 1975, petitioner was furnished the grounds of detention which read as follows: - 1. During investigation of K. Balang, P.S. Case No. 28 dated 19 -5 -1974, it has been ascertained that 624 pieces of electronic copper bars were loaded in Wagon No. 61114 on 5 -3 -1974 at Ghatsila I. C. C siding and was despatched from Ghatsila on 21 -3 -1974 by E/591 UP train.' The wagon reached Jamshedpur in the same train in the same night from where it was dispatched by E/581 UP train on 24 -3 -1974. From both the stations the wagon bore label mark 'Ghatsila to Katni', The wagon was received at Bondomunda along with 3 wagons meant for Katni on 26 -3 -1974. The other 3 wagons booked from Ghatsila were drawn out on 31 -3 -1974 and despatched to Katni on 1 -4 -1974, but wagon No. 61114 was brought to that line of the departure yard of Bondomunda which was meant for Rourkela on 28 -3 -1974 and was despatched to Rourkela by Rourkela Shuttle train on 2 -4 -1974 with a label 'Kharagpur to Bmlftgarh'. On 5 -4 -1974 the wagon was despatched to Bimlagarh where it reached the same day. The Station Master, Bimlagarh Railway Station received the wagon marked as load 'Ex -Kharagpur to Bimlagarh' and there was a paste -on label showing booking particulars as 'Kharagpur to Bimlagarh1. Invoice No. 11 dated 7 -3 -1974 containing 602 bags'. The Station Master had not received any letter regarding this consignment. On 13 -5 -1974, the R, P. F. staff opened the wagon and counted the copper bars. Before doing that the Assistant Security Officer, B. P. F., Sri Mukherjee examined the wagon on 13 -5 -1974 and found no seal on one side of the wagon. On opening the doors, the R, P. F. men found copper bars containing mark 'I. C. C While counting the bars in the wagon, the R. P. F. party found a paste -on label lying inside the wagon with booking particulars as Ghatsila I. C. C. siding to Ordnance Factory siding, Katni, Invoice No. 10 R. R. No. 167064 dated 5 -3 -1974 containing 624 pieces of electronic copper bars'. On physical checking 467 copper bars were found by the R. P. F. Party. 157 copper bars were thus missing. Under the personal supervision and direction of Sri Mukherjee the wagon was sealed and diverted and despatched to Rourkela for onward transmission to Katni (based on the supervision note of S. P. Sundargarh, in K. Balanga P.S. Case No. 28 dated 19 -5 -1974). Privilege is claimed over this document as its disclosure will be detrimental to public interest. 2. This wagon bearing No. 61114 was diverted to Bimlagarh through the connivance of you and others. You with the help of your gang members removed copper ingots from the said railway wagon end the stolen copper ingots were loaded in truck No. ORO 2259 driven by Kamaljit Singh. Thereafter the stolen properties were brought towards Rourkela for disposal. You masterminded the scheme and theft (copy of the statement of Sri Kedarnath Naik recorded under Section 164, Criminal Procedure Code by sub -divisional Judicial Magistrate, Uditnagar, on 27 -12 -1974 is enclosed - - Annexure 'A'). Copy of the statement of Sri Ka -maljit Singh recorded under Section 164, Criminal Procedure Code by the Sub -Divisional Judicial Magistrate, Uditnagar, on 31 -12 -1974 is enclosed - Annexure 'B'.

(3.) THE detaining authority has filed a counter -affidavit supporting the order of detention whereupon on behalf of the petitioner, a rejoinder has also been filed.