CHAND MIYAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner has been detained in preventive custody under Section 12 (2) of the Bihar Control of Crimes Act, 1981 (in short the Act ') by the District Magistrate, Bhojpur at Arrah under his order dated 16.4.2003. the detention was approved by the State Government in terms of Section 12(3) of the Act, vide order dated 26.4.2003 and later confirmed in terms of Section 21 (1) read with Section 22 of the Act vide order dated 11.6.2003. Copies of the said orders are Annexures 1, 3 and 4 to this writ petition. The petitioner seeks quashing of the said orders and his release.

(2.) ACCORDING to the petitioner, he was taken into custody in connection with a substantive case on 3.8.2002 and since then is in jail. While in jail, the detention order along with the grounds of detention was served. The petitioner did not file any representation because the name of the authority before which the representation could be filed, was not disclosed. The detention was confirmed after obtaining opinion of the Advisory Board.

(3.) THE above submission is based on incomplete reading, if we may say so, of the order of the government issued in terms of Section 12 (3) of the Act, dated 26.4.2003. The memo portion of the said order clearly states that if the detenu desires to file any representation against the detention he may file the same to the Government in the Home (Police) Department. The memo also directs the Jail Superintendent to send such representation to the Government at once through special messenger with a copy thereof to the District Magistrate in asmuch the approval order mentioned the authority i.e. the State Government before which the petitioner could file representation, we find no substance in the submission that the petitioner was prevented from filing representation on account of so -called omission to state the name of the authority.