BIJOY KUMAR PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this writ application, the petitioner who has been detained by the District Magistrate, Kalahandi under sub-section (2) of Section 3 of the National Security Act (hereinafter referred as the Act) has sought for his release by Issue of a writ of habeas corpus. In the grounds of arrest, th detenu-petitioner is stated to have been involved in four incidents: they being :

(2.) Learned counsel appearing for the petitioner submitted that admittedly the petitioner had been lodged in Dharmagarh Sub-Jail, by the time the detention order was passed against him on 22-5-2005 and the D. M. Kalahandi was aware of it. In the grounds of arrest the D. M., Kalahandi has reflected his satisfaction that the detenu was likely to be released on bail, but no reason has been assigned for it. There was also no cogent materials before him to arrive at such satisfaction. So, the detention order should be quashed on this ground.In support of his submission he relied on the decisions; Amritlal v. Union Government through Secretary, Ministry of Finance, AIR 2000 SC 3675 : (2001 Cri LJ 474) and Sunil Rajgarhia v. State of Orissa (2003) 24 OCR 814 : (2003 Cri LJ 122).

(3.) In the decision Amritlal (2001 Cri LJ474) (supra) it was held that :-