RANJIT KUMAR NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS writ petition has been filed in the nature of Habeas Corpus challenging the order of detention dated 29.3.2007 passed by the District Magistrate, Ganjam Chhatrapur under Section 3(2) of the National Security Act, 1980. It appears that the detention of the petitioner was also confirmed by the Advisory Board its order dated 21.5.2007. By virtue of said order, the petitioner appears to have been detained with effect from 29.3.2007. There are several grounds in support of the said order of detention.

(2.) THE order of detention has been challenged by the petitioner (while in detention) only on the ground that in the said order the detaining authority has not recorded his satisfaction of the likelihood of the petitioner being granted bail in the criminal cases pending against him, although the detaining authority has taken into account the fact that the petitioner had filed a bail application before the learned S.D.J.M., Berhampur. Learned counsel for the petitioner submits that in absence of the detaining authority recording his satisfaction that the petitioner is likely to be released on bail, such order of detention is to be quashed. Learned counsel for the petitioner further submits that on similar ground this Court has earlier passed order dated 28.2.2007 by quashing the order of detention in the case of Daba @ Sudarsan Das v. State of Orissa and two others, in W.P. (Crl.) No.516 of 2006.

(3.) IN the counter affidavit filed by opposite party No.2 (detaining authority) dated 30.8.2007 in paragraph -17 it is stated as follows :