PANKAJ MANDAL Vs. STATE OF BIHAR AND ORS

JUDGEMENT

(1.) Petitioner has challenged order dated 09.07.2012 passed by District Magistrate/Detaining Authority, Munger under Section 12(2) of the Bihar Control of Crimes Act, order dated 16.07.2012 passed by State under Section 12 (3) of the Act approving the order dated 09.07.2012, order dated 31.08.2012 passed by the State under Section 21(1), 22 of the Act confirming the order of detention dated 09.07.2012 by filing instant petition of writ.

(2.) Taking into account the information furnished by the sponsoring authority i.e., Superintendent of Police, Munger the learned District Magistrate, Munger had drawn up case no. 3/12- 13 and asked for an objection over the same from petitioner and then thereafter taking into account the contents thereof unsatisfactory inconsonance with the criminal antecedents of the petitioner coupled with involvement in Bariarpur P.S. Case No. 118/2011, and Kharagpur P.S. Case No. 104/2011 came to the subjective satisfaction, that on account of anti-social activities, in case petitioner is allowed to have free access to the society will endanger the public order, passed order of preventive detention on 09.07.2012 which was properly served upon the petitioner/detenu.

(3.) The aforesaid order also speaks, if he so desires, may represent. While having the order approved at the end of State on 16.07.2012 again an opportunity was provided to the petitioner to file representation. Subsequently thereof, the matter was placed before Advisory Board on 25.07.2012 and the Advisory Board on 23.08.2012 opined that there is substantial material available for confirmation of the preventive detention order and in light thereof, the State had confirmed the order dated 09.07.2012 vide order dated 31.08.2012.