BABU ALIAS ISWAR ROUT Vs. STATE OF ORISSA

JUDGEMENT

(1.) The order of detention dated 12-11-2003 passed by the District Magistrate, Cuttack under sub-section (2) of Section 3 of the National Security Act, 1980 against the petitioner is under challenge before this Court.

(2.) On perusal of the records it appears that the District Magistrate, Cuttack passed an order of detention on 12-11-2003 to pre vent the petitioner from acting in any manner prejudicial to the maintenance of public order. The said order in Annexure-1 is quoted below :

(3.) Learned counsel appearing for the petitioner submitted that out of six cases mentioned in para 7 of the grounds of detention the petitioner has been acquitted in three cases registered for commission of offences under Section 302 read with other provisions of the IPC and had the said fact been brought to the notice of the detaining authority, decision of the detaining authority would have been otherwise. A copy of one such acquittal order has been filed along with the petition in Annexure-4 and in course of hearing the learned counsel produced copies of two more judgments passed in two different sessions cases.