SUJIT KU. SWAIN Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner-Sujit Kumar Swain @ Milan @ Sujit Ku.Swain calls in question his order of detention dtd. 23/10/2019 (Annexure-1) passed by the Collector and District Magistrate, Jagatsinghpur in exercise of power under Sec. 3(2) of the National Security Act, 1980 (for short, 'the Act').

(2.) Short narration of facts as revealed from the writ petition is that the petitioner-detinue is a permanent resident of village Sankarpur under Biridi Police Station in the district of Jagatsinghpur. He has been booked in several criminal cases, details of which, are given hereunder:

(3.) Mr.Mohanty, learned counsel for the petitionerdetinue, submitted that at the time of passing of the impugned order of detention, the petitioner was in jail custody in connection with Biridi PS Case No.79 dtd. 26/9/2018 initiated under Sec. 448/343/294/506/34 of IPC read with Sec. 25 of the Arms Act and Sec. 9(b) of the Explosives Act, 1884 and also was taken in remand in Cuttack Sadar PS Case No.316 of 2018 initiated under Secs. 294/341/506/392/34 of IPC read with Sec. 25 of the Arms Act. The District Magistrate (OP No.2) has not recorded any reason for his satisfaction that there is likelihood of the petitioner-detinue being released on bail. In absence of recording of such specific satisfaction the entire proceeding including the detention order is vitiated. In support of his contentions he relied upon the following judgments of the Hon'ble Supreme Court.