UKKAJI Vs. SECRETARY TO GOVERNMENT HOME

JUDGEMENT

(1.) THIS petition is brought forth by the father of the detenu, challenging the order in BDFGISSV No.356 of 2009 dated 5.10.2009, whereby the detenu Misraram was ordered to be detained as a Goonda under the provisions of the Act 14 of 1982.

(2.) AFFIDAVIT filed in support of the petition is perused. The Court heard the learned counsel appearing for the petitioner and looked into the materials available on record, in particular, the order under challenge.

(3.) LEARNED counsel added further that the petitioner was actually arrested on 21.8.2009 and he was produced before the Court on 22.8.2009 and remand was extended then and there. The remand extension was made on 17.9.2009 till 1.10.2009 as found in page No.150 of the booklet and the detention order came to be passed on 5.10.2009. The detenu was judicially remanded till 1.10.2009 and the order of detention came to be passed on 5.10.2009. In respect of interregnum period, no remand extension was placed in the hands of the Detaining Authority. Because of the non supply of the vital document, the detenu could not make the effective representation, which would vitiate the detention order.