RAJI Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THIS petition is brought forth by the detenu himself challenging the order of the second respondent in Memo No.505/BDFGISSV/2010 dated 3.9.2010, whereby he was ordered to be detained as a Goonda under the provisions of the Act 14 of 1982.

(2.) 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 there was a violation of the constitutional right. Arrest was shown in Crime No.598 of 2010 at about 8.00 hours on 9.8.2010 and he was produced before the 9th Metropolitan Magistrate Court at about 12.15 hours on 10.8.2010 and thus, it was beyond 24 hours i.e. nearly with a delay of four hours 15 minutes. No explanation was offered for the delay caused. This would vitiate the detention order.