JUDGMENT Chanda, J. This is an application under section 491 of the Code of Criminal Procedure filed by Jith Bahadur Pariar, the detenue who has been ordered to be detained by the District Magistrate, Jalpaiguri pursuant to Order No. 74 Miss. Act dated 12.5.1973 with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. The grounds of detention are as below :- 2. On the night of 11/12.12.72 at about 01.00 hrs. you along with your associates Sarbashri Yusuf Miyan, Naren Adhikary, Teila Uroon and Azizur Rahman and others being armed with guns and others lethel weapons raided the house of Shrimati Naiti Chotrini wife of Shri Bahadur Chotrini of Godown Line, Buznai Tea Estates, P.S. Madarihat, Dist. Jalpaiguri, assaulted the inmates of the house and looted away cash, radio, wrist watches, clothes and ornaments valued at Rs. 6,605.22 paise only from the house, You committed the crime in a most daring way in the heart of the said tea garden. This act of yours caused widespread panic and terror in the area so much so that police patrols had to be deployed there for days together for restoration of normalcy in the area. This act of yours highly disturbed the public order. 3. On 2.3.73 at about 23.00/23.30 hrs. you along with your associates Sarbashri Yusuf Miyan, Satish Barman Roy, Teila Uroon, Kausher Alam and others, being armed with a number of firearms raided the house-cum-shop of Shri Sohan Lal Agarwala S/o Late Golap Agarwala of Hantapara Tea Estate, P.S. Madarihat, Dist. Jalpaiguri, brutally assaulted the inmates of the house and looted away the D.B.B.L. gun, cash, clothes valued at 206/- only from the house. You committed the crime with unspeakable strocities. The yelling and weilling of the women old and the children did not provoke any mercy or sympathy from you. The neighbouring people became so much panic-stricken that police patrols had to be deployed there for days together for restoration of normalcy in the area. This act of your highly disturbed the public order. 4. Mr. Mrinmoy Bagchi, appearing on behalf of the detenue, has submitted that the grounds are irrelevant and the order of detention is mala fide. 5. The neighbouring people became so much panic-stricken that police patrols had to be deployed there for days together for restoration of normalcy in the area. This act of your highly disturbed the public order. 4. Mr. Mrinmoy Bagchi, appearing on behalf of the detenue, has submitted that the grounds are irrelevant and the order of detention is mala fide. 5. The two grounds referred to above are in fact, that decoities were committed in the houses of two individuals, Instances like these, in our opinion, do not amount to anything more than commission of certain breaches of law which can be said to be prejudicial to law and order, but not prejudicial to the maintenance of public order. The mere fact that the person concerned is a bully or a habitual criminal and the local police authorities are unable to successfully prosecute him is no ground for the exercise of the power under the Maintenance of Internal Security Act. 6. In other words, merely because a person is a dangerous character or is breaking the law in one manner or the other, does not mean that the maintenance of public order is being threatened. The instances referred to can raise only law and order problem and their impact on the society as a whole, cannot be considered to be so extensive widespread and forceful as to disturb the normal life of the community. The grounds in the instant case are irrelevant. 7. It has been allege in the petition that the order or detention is mala fide. It has been stated that the detenue petitioner is the Secretary of Dooars’ Cha-bagun Workers’ Union which is the strongest organisation of the tea workers in the Dooars’ area. 8. It has been further stated that in order to break and distintigate the organisation, the tea garden owners with the active connivance, assistance and help of the District Authorities have unnecessarily got the detenue involved. A further allegation has been made to the effect that after his arrest in connection with the decoity case the petitioner was mercilessly beaten as a result of which he sustained severe bodily, injuries. The petitioner made an application about the assault to the trying Magistrate and filed a case in respect of this specific allegation. A further allegation has been made to the effect that after his arrest in connection with the decoity case the petitioner was mercilessly beaten as a result of which he sustained severe bodily, injuries. The petitioner made an application about the assault to the trying Magistrate and filed a case in respect of this specific allegation. The detaining authority has not come forward with any affidavit to give any denial and the averment in the application which is not traversed by the respondent by counter-affidavit must be taken to have been admitted. When the respondent does not file counter-affidavit there is no opposition to the petition and the allegations go unrebutted. 9. On both the grounds canvassed by Mr. Bagchi, the instant application succeeds. The Rule is made absolute. The detenue be set at liberty forthwith. Borooah, J. : I agree.