1974 INSC 0048
                                             Shri Keshab Chandra Das

                                                           Vs

                                         State of West Bengal and Others

                                          Writ Petition No. 439 of 1972

                            (D. G. Palekar, P. N. Bhagwati, V. R. Krishna Iyer JJ)

                                                      18.02.1974

                                                     JUDGMENT

KRISHNA IYER, J. -

1. The petitioner has challenged the validity of the order of detention passed on December 22, 1971
under Section 3(1) and (3), read with Section 5(a), of the Maintenance of Internal Security Act (Act
26 of 1971). The grounds on which the District Magistrate relied were communicated to the detenu
and they relate to maintenance of supplies and services essential to the community. The three
instances, all of 1971, relate to removal of rice from lorries carrying foodgrains of F.C. I. account,
in Calcutta.

2. The petitioner was arrested on December 12, 1971, on which date grounds of detention were also
served on him, as required by the statute. The Government was informed which approved the
detention and communicated the factum of the detention to the Central Government. The
representation of the detenu was received on January 14, 1972 and was considered by the
Government on January 21, 1972, which rejected the representation. The Advisory Board to which
the representation was forwarded also considered it but recommended the continuance of the
detention. Finally, the State Government confirmed the detention of March 16, 1973.

3. The major ground of attack was based on the absence of any definite time-limit for the duration
of the detention, since, according to the petitioner, "till expiry of Defence of India Act, 1971" did
not satisfy the constitutional condition. However, this point does not survive now, having been
overruled by a decision of this Court in Fagu Shaw v. State of West Bengal. (1974) 4 SCC 152 :
1974 SCC (Cri) 316.

4. We are satisfied that the grounds relied on have a rational relation to the subjective satisfaction
regarding the prejudicial activities imputed to the petitioner. We are also satisfied that no valid
ground has been made out on the basis of lack of proximity between the incidents relied on and the
order made. Nor is there any infirmity in the nature of the communication of the grounds to the
detenu, in answer to which he had a constitutional right to make a representation. While we affirm
the decisions of this Court rendered in Shaik Hanif v. State of West Bengal, ((1974) 1 SCC 637 :
1974 SCC (Cri) 292) and Bhut Nath mete v. State of West Bengal, ((1974) 1 SCC 645 : 1974 SCC
(Cri) 300) we are satisfied that there is no substance in the contention of the Counsel, Shri
Maheshwari, appearing as amicus curiae, that there has been withholding of any material grounds
which has influenced the authorities. In this view, there is no merit in the contentions of the
petitioner, and while his preventive detention and its prolonged continuation is a matter for the State
to look into, judicial review invalidating the detention order is not possible on the plea put forward.
The writ petition is accordingly dismissed.
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