AJOY KUMAR GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) By this application under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for quashing Annexure -4 order dated 3rd April, 1982, passed by the State Government under Section 12(3) of the Bihar Control of Crimes Act, 1981 (the Act) whereby the order of detention of the petitioner issued by the respondent No. 2, was approved by the State Government. This application was filed in this Court on 4th May, 1982. When the application was pending the State Government after obtaining opinion of the Advisory Board, passed an order on 25 -5 -1982, detaining the petitioner up to 24th March, 1983. A prayer has been made by the petitioner for quashing this order also of the State Government.

(2.) The facts which are necessary to take notice for disposal of this application are that while the proceeding under Section 3 of the Act was pending, respondent No. 2 passed an order under Section 12 of the Act for detention of the petitioner which is Annexure -3 to this application. The grounds for detention were served on the petitioner, which is Annexure 3 -A filed along with the supplementary affidavit. The petitioner filed a representation against the order of detention and the State Government after obtaining approval of the Advisory Board passed an order against the petitioner, as stated above, on 25 -5 -1982.

(3.) The order of detention was challenged by the petitioner mainly on the ground that the Detaining Authority has passed the order of detention of the petitioner on irrelevant grounds. It was stated that in Annexure 3 -A there is reference of four cases, in which the petitioner was said to be an accused. Out of these four cases, the petitioner was acquitted after trial in Sadar P.S. Case No. 15, dated 12 -4 -1979. With regard to Sadar P.S. Case No. 33 dated 25 -1 -1980 it was submitted that an application for withdrawal of the case had been filed by the informant and the same is pending disposal. The regard to other two cases, it was submitted that in Sadar P.S. Case No. 315 dated 23th August, 1981, the petitioner was not even named and the other is merely a Station Diary Entry No. 410 dated 15 -4 -1981. It was contended that in view of the fact that the petitioner was acquitted in Sadar P.S. Case No. 15 dated 12 -4 -1979 he was not named in Sadar P.S. Case No. 315 dated 20th August, 1981 and from the station diary entry it appeared that no offence has been made out so far the petitioner is concerned, no order for detention for the petitioner could have been passed under Section 12 of the Act.