1974 INSC 0068
                                             Sailesh Dutta Alias Katla

                                                           Vs

                                             The State of West Bengal

                                          Writ Petition No. 657 of 1972

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

                                                      26.02.1974

                                                     JUDGMENT

PALEKAR, J. -

1. In this petition for a writ of habeas corpus under Art. 32 of the Constitution he petitioner is
detained by the District Magistrate, Howrah by an Order dated October 9, 1972 passed in exercise
of the powers under sub-section (1) read with sub-section (2) of Section 3 of the Maintenance of
Internal Security Act, 1971 (Act 26 of 1971). The order of detention was passed with a view to
preventing the petitioner from acting in a manner prejudicial to the maintenance of supplies and
services essential to the community.

2. The grounds served on the detenu are as follows :

                  1. On 27.7.72 at about 7.30 hrs. you along with your associate being armed with
                  bombs, daggers, etc. committed theft of 10 metres of 12 core PVC cable from Down
                  distant signal of Baranagar Rly. Stn. in between KM Post No. 5/16 to 5/17. Being
                  resisted by the Rly. employees you and your associates scared them away by pelting
                  stone and hurling bombs, and made good your escape with the stolen cables. As a
                  result of this theft train services in Sealdah Dankuni Section was seriously disrupted.

2. On 8.8.72 at about 21.30 hrs. you along with associates being armed with bombs, daggers etc.
committed theft of 25 feet of 12 Core PVC cable from KM Post No. 10/15 to 10/13 in between
Ballyghat and Dankuni Rly. Station. The Railway employees tried to resist but you and your
associates scared them away by pelting stones and hurling bombs and managed to escape with the
stolen cables. As a result of this theft train services in Sealdah Dankuni Station was seriously
disrupted.

3. The grounds show that the petitioner made it a business to cut Railway signal equipment with a
view to disrupt train services. The cutting of the PVC cables of the signals is considered by the
petitioner so essential for his objectives that he and his associates thought it necessary to be armed
with bombs, daggers etc. to prevent any interference with their activities. If the facts are true, it was
a very serious matter and the District Magistrate would be justifiably satisfied of the necessity of
passing orders of detention to prevent the petitioner from indulging in such acts plainly prejudicial
to the maintenance of supplies and services essential to the community.

3. We do not think that there is anything else to show that the detention was invalid. The petition is
dismissed.
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