SAMIR DAS Vs. DISTRICT MAGISTRATE, KAMRUP, GAUHATI

JUDGEMENT

(1.) CRIMINAL Misc. Case No. 51 (H.C.) of 1974 arises out of an application under Article 226 of the Constitution of India, directed against an order dated 3.5.1974 passed by the District Magistrate, Kamrup, Gauhati, detaining the petitioner under Section 3(2)(a) of the Maintenance of Internal Security Act, 1971 (hereinafter called 'the Act').

(2.) THE grounds of detention furnished to the petitioner are contained in Annexure -B, which reads as under : -

(3.) THE petitioner contends that the grounds of detention as per Annexure -B do not support the recital or preamble as stated in Annexure -A. The order of detention was passed with a view to preventing the petitioner from acting in a manner prejudicial to the maintenance of services essential to the community, while the ground furnished to him was that he was acting in a manner prejudicial to the supplies to the community. In Section 3(1)(a)(iii) of the Act, the words "services" and "supplies" have not been used in a conjunctive sense; they have been used disjunctively, that is to say, these two terms are not synonymous although in certain cases they may be overlapping. In the instant case, according to the petitioner, the order at Annexure -A is relatable only to the maintenance of services, whereas in the grounds the averment is with regard to the maintenance of supplies. This will show that the grounds, which are the materials on basis of which the conclusion of the detaining authority regarding the necessity for the preventive detention has been arrived at, are not referable to the order.