1974 INSC 0445
                                               Sudhir Chandra Singh

                                                           Vs

                                    The Distt. Magistrate, Malda. and Others

                                          Writ Petition No. 373 of 1974

                              (K. K. Mathew, P. N. Bhagwati, N. L. Untwalia JJ)

                                                      20.12.1974

                                                     JUDGMENT

UNTWALIA, J. -

1. In pursuance to an order made by the District Magistrate of Malda under sub-section (1)
read with sub-section (2) of Section 3 of the Maintenance of Internal Security Act, 1971 the
petitioner was arrested and detained in jail custody on or from June 6, 1972. He has preferred this
application from jail for releasing him by grant of a writ of habeas corpus. The grounds of detention
were served on the detenu and all formalities required under the law were gone into. The petitioner
has been detained for committing certain dangerous acts as alleged in the grounds of detention on
March 27, 1972 and on May 9, 1972. His acts were prejudicial to the maintenance of supplies and
services essential to the community. No infirmity in his detention could be found out.

2. When this case came up for hearing on a previous occasion it had to be adjourned by a Bench of
this Court because of two apparent infirmities :

                  (1) Though the order of detention purported to have been made on June 5, 1972 the
                  date put by the District Magistrate in the order appeared to be April 5, 1972.

                  (2) There was discrepancy in the date of the second incident in the grounds served
                  upon the petitioner and those appended with the counter-affidavit filed by the District
                  Magistrate.

3. A supplementary affidavit sworn-in by the officer who had made the order of detention against
the petitioner was filed when this case was again taken up for hearing. In this supplementary
affidavit the deponent has stated that he had passed the order of detention on June 5, 1972. His way
of writing "6" is somewhat peculiar and may appear to others like "4". On examination of the
original records we are satisfied that the statement in the supplementary affidavit is correct and there
was no discrepancy of the date in the order of detention as apparently it appeared to be.

4. In regard to the date about the second incident the officer states in his supplementary affidavit
that it was a typing mistake. The date actually was "9.5.1972" and not "9.3.1972". On consideration
of the entire facts and circumstances of the case we are not satisfied that the petitioner's detention is
illegal or invalid. The grounds in support of the order of detention could lead to the subjective
satisfaction of the detaining authority that the petitioner if let loose was likely to indulge in activities
prejudicial to the maintenance of supplies and services essential to the community. The application
is, therefore, dismissed.
</html