1974 (9) TMI 121

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....judicial to the maintenance of supplies and services essential to the community as evidenced by the particulars given be low: That on 10-9-72 in between 06.30 hrs. and 07.30 hrs. you and your associates broke open Wagon Nos. PC 12799 NR 35424 and ERC 97048 loaded with food grain (wheat) and committed theft in respect of the same from Canning Railway Yard. You were named in the F. I. R. and subsequently arrested. 3. In the counter-affidavit filed by the District Magistrate, it is averred that he was "satisfied from the materials on record as stated in the grounds of detention", and the "acts committed by the detenu (as disclosed in the grounds furnished to the detenu) about the necessity of making the detention order". It is nowhere sa....

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...., and his failure to do so, has left the ground communicated deficient and vague, and; in consequence, deprived the detenu of his right of making an effective re presentation. For this reason, it is urged, the detention is illegal. 6. Shri S. C. Majumdar, learned Counsel for the State, however, contends that this Court cannot test and review the subjective satis faction of the detaining authority by objective standards; nor can the Court go into the question whether the solitary ground of detention was sufficient to make the impugned order, the matter being one exclusively within the province of the authority. It is further maintained that the law requires only the "grounds" of detention, as distinguished from the 'particulars of the....

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.... complied with or not is justiciable. Indeed it is the duty of this Court as sentinel of the fundamental freedoms guaranteed by the Constitution, to see that the liberty of none is taken away except in accordance with procedure prescribed by law. 8. In the case before us, we have perused the History sheet (bio data) of the petitioner which was submitted by the Superintendent of Police while moving the District Magistrate for the detention of the petitioner. In this History-sheet it is inter alia stated that the petitioner started mixing with his associates and committing crime in the Canning R/S Railway Campus and specialized in wagon-breaking and pilfering of foodgrains. It is further mentioned in this History-sheet that while committin....