LAWS(ORI)-2008-1-1

SANIA PRATHAN Vs. STATE OF ORISSA

Decided On January 18, 2008
SANIA PRADHAN Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) -THIS writ petition in the nature of Habeas Corpus has been filed by the petitioner challenging the order of detention dated 22. 3. 2007 passed by the District Magistrate, Ganjam, Chatrapur under Sub-section (2) of Section 3 of the national Security Act, 1980 (hereinafter referred to as "the Act" ). Along with the order of detention dated 22. 3. 2007, the grounds of detention were also served on the petitioner. There are various grounds in support of the order of detention.

(2.) THE petitioner has not challenged the detention on merit, but has essentially assailed the same on the following recitals made in the grounds of detention.

(3.) RELYING upon the aforesaid recital in the grounds of detention, the learned counsel for the petitioner submitted that the detaining authority has arrived at his satisfaction for the need of detaining the petitioner even when he is in custody on the basis of the fact that the petitioner has applied for bail in B. Sadar P. S. Case No. 14 dated 23. 1. 2007 under Sections 341/294/307/ 506/34/r/w/ Section 25 Arms Act. But there is no recording of satisfaction by the detaining authority that the petitioner is''likely to be released on bail' in connection with that case.