ADHIKANDA SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) BY an order dated 16.9.2002 passed by the District Magistrate, Ganjam, the petitioner has been detained in custody under the National Security Act, 1980 (for short, 'the Act). The grounds of detention were served on the petitioner on 16.9.2002. Aggrieved, the petitioner submitted a representation against the said order of detention and the said representation was rejected by the State Government and the order of rejection has been communicated to the petitioner by letter dated 9.10.2002 of the Joint Secretary, Government of Orissa, Home (Special Section) Department. Aggrieved, the petitioner has filed this Habeas Corpus petition with a prayer to quash the said order of detention in Annexure -6.

(2.) THOUGH several grounds have been taken in the writ petition challenging the order of detention, we may not deal with all the grounds taken in the writ petition as the petitioner will succeed in the writ petition only on the point that there are no materials before the Detaining Authority at all for arriving at the satisfaction that there was possibility of the petitioner being released on bail in near future.

(3.) COMING now to the present case, the Detaining Authority has shown his awareness to the fact that the petitioner was in judicial custody in connection with K.S. Nagar P.S. Case No.95 dated 18.8.2002 under Section 395/325/294/353 I.P.C./25/27 Arms Act at Sub -Jail, Kodala and has also recorded a satisfaction in the grounds of detention that there is possibility of the petitioner being released on bail in near future. The relevant paragraph from the grounds of detention which indicates the aforesaid satisfaction of the Detaining Authority is extracted herein below: