RANJIT KUMAR NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner in this writ application challenges the legality of detention order passed by the District Magistrate, ganjam, Chatrapur under Section 3 of the National Security Act, 1980 (in short the 'n. S. Act' ).

(2.) THE District Magistrate, Ganjam. Chatrapur on the basis of the report submitted by the District Intelligence Bureau. Berhampur on 21. 9. 2008, passed an order of detention against the petitioner in exercise of power under Section 3 of the N. S. Act, 1980. The grounds of detention indicate that the petitioner was involved in several cases between 2004 to 2007 and it appears that prior to the order of detention dated 21. 9. 2008, the petitioner was involved in Gosani Nuagam P. S. Case No. 46 of 2007. Berhampur Town P. S. Case No. 84 of 2008, berhampur Town P. S. Case No. 86 of 2008 and there were two more Station Diary entries in Berhampur Town P. S. and a proceeding under section 110 Cr. P. C. had also been initiated against the petitioner. Undisputedly, at the time of issuance of detention order, the petitioner was in custody in relation to Berhampur Town P. S. Case No. 46 of 2007. The order of detention and the grounds of detention were served on him while in custody. The order of detention was confirmed by the Advisory board and later on by the State Government.

(3.) SHRI Sarangi, the learned counsel appearing for the petitioner assails the order of detention basically on the following grounds: