SK MABUD Vs. STATE OF ODISHA

JUDGEMENT

(1.) The present Criminal Writ Petition has been filed by the petitioner invoking Articles 226 and 227 of the Constitution of India challenging the order of detention dated 12.02.2020 passed by the District Magistrate, Balasore under Section 3(2) of the National Security Act, 1980. AFR

(2.) Brief facts of the case are stated hereunder so as to appreciate the rival legal contentions urged on behalf of the parties:

(3.) Learned Counsel for the petitioner submits that the detaining authority while presenting the report against the detenue has not disclosed the basic facts, material particulars which led to passing an order of detention. It has further not been disclosed that what is the basis and circumstances which led the District Magistrate to come to a conclusion that the detenue is terrorizing the innocent general public. Further, he has contended that the order of detention was passed on 12.02.2020 whereas the grounds of detention was served on 16.02.2020 which indicates that the order of detention was passed without considering the materials on record. It is therefore sufficient to activise this Court into examining the legality of detention.