SAWARMAL AGRAWAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner in this writ application assails the order of approval of the detention order dated 27.3.2005 of the District Magistrate, Sambalpur made by Government of Orissa under Annexure -5 dated 6.4.2005.

(2.) THE short facts as enumerated in the writ application leading to the said order under Annexure -5 are required to be narrated for appreciation of the case.

(3.) A counter affidavit has been filed on behalf of opp. party No. 2 -District Magistrate -cum -Collector, Sambalpur, stating inter alia that a clear case for passing an order of detention against the petitioner under Section 3 of the Act having been made out, the District Magistrate -cum -Collector, Sambalpur prepared the grounds of detention of the petitioner and sent the same to the Government for approval as required under the Act. The grounds of detention of the petitioner submitted by the District Magistrate -cum -Collector to the Government has been annexed to the counter affidavit as a part of the FIR in the P.S. Case No. 54 of 2005 which was registered at the Burla Police Station.