1974 (2) TMI 86

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.... any manner prejudicial to maintenance of supplies and services essential to the community. The communication dated 23rd May, 1972, which was served on the petitioner at the time of his arrest, intimated to him the following ground on which the order of detention was made by the District Magistrate : "That on 18-12-1971 at about 20.00 hours you along with your associates with a view to commit theft of copper return feeder wire of Railway Traction cut the end of the wire of traction at Post No. 28/23 m between Shyamnagar and Ichhapur. During the operation your associates Shri Lakshman Ch. Das died of electrocution at the post. You and other associates then left the place without picking up the wires which rolled up in a running good....

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....ly and services. The activities of the petitioner were prejudicial to the maintenance of supply and services essential to the community and so he was detained under the said Act." The argument of the petitioner was that in arriving at his subjective satisfaction that it was necessary to detain the petitioner with a view to preventing him from carrying on prejudicial activities, the District Magistrate took into account not only the solitary incident intimated to the petitioner in the communication dated 23rd May, 1972, but also the fact that the petitioner was "one of the notorious anti-social element of Shyamnagar P.S.", and that he was indulging in committing theft of copper feeder wires from railway tractions". This, additional circum....

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....e that the petitioner was one of the notorious antisocial elements of Shyamnagar police station and was indulging in committing theft of copper feeder wires from railway tractions. The question is : does this prejudicial activity attributed to the petitioner 50 beyond the ground based on the single fugitive incident communicated to the petitioner, or is comprised within it ? 2. To answer this question it is necessary to understand the real nature of the activity of the petitioner as disclosed by the incident communicated to him. This incident must be judged in its correct setting, grave proportions and clear implications. It must be noticed that this was not an ordinary incident of theft of wheat, rice or jute bags. It was a daring act o....