BANGALI ALIAS MANORANJAN SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, the petitioner has prayed for a writ of habeas corpus as he is detained under Sub -section (2) of Section 3 of the National Security Act, 1980 (hereinafter referred to as 'the Act') pursuant to the order of detention dated 29.10.2005 passed by the District Magistrate, Ganjam. The detention order is annexed as Annexure -1 to the writ petition, which reads as follows:

(2.) IT , therefore, appears from the above quoted order of detention dated 29.10.2005 that the same does not disclose as to why the detention of the petitioner under the provisions of the Act is necessary. It also does not refer to any of the provisions of the said Act under which the impugned order of detention was passed against the petitioner. However, from the grounds of detention it appears that as it was apprehended that the petitioner might indulge in activities, which are prejudicial to the maintenance of public order, his detention was considered necessary.

(3.) THE main contention of the learned Counsel for the petitioner is that manufacture of illicit liquor cannot be treated as a ground for detaining the petitioner under the Act. Office of manufacturing illicit liquor as attributed to the petitioner, in violation of excise law, cannot have any nexus with the maintenance of public order. It is further contended by the learned Counsel for the petitioner that from the grounds of detention it is clear that in order to prevent the petitioner from getting him released on bail in various criminal cases instituted against him for the alleged offences under the Bihar and Orissa Excise Act, the order of detention was passed. Basing on the above, he contends that since the detaining authority has mentioned in the grounds of detention that the petitioner is being detained for preventing him from being released on bail, it is amply clear that no case whatsoever has been made out in the grounds of detention for detaining the petitioner under the Act.