KAUSHAL MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) By his letter, dated 20.12.2013, the Superintendent of Police, Arwal, addressed to respondent No. 3, namely, District Magistrate, Arwal, sought for detention of the present petitioner under the provisions of sub-section (2) of Section 12 of Bihar Control of Crimes Act, 1981. Following the letter so received, respondent No. 3, namely, District Magistrate, Arwal, made, on 13.1.2014, an order, in exercise of powers under Section 12(2) of Bihar Control of Crimes Act, 1981, placing the petitioner under preventive detention, for a period of one year, i.e., until 12.1.2015. With the order of detention so made as mentioned above, the petitioner was also served with a copy of the grounds of detention, contained in memo No. 17, dated 13.1.2014, issued by respondent No. 4, namely, District Magistrate, Arwal. The said order of detention was approved by the Advisory Board on 28.2.2014 and, following approval of the Advisory Board, the State Government, by order, dated 16.4.2014, confirmed the said order of preventive detention, dated 12.3.2014.

(2.) The grounds of detention, which were furnished to the petitioner, mention two cases, namely, (i) Arwal Police Station Case No. 70 of 2013, dated 4.4.2013, registered under Sections 147/148/149/307/353 of the Indian Penal Code and Section 27 of the Arms Act, 1959; and (ii) Arwal Police Station Case No. 71 of 2013, dated 4.4.2013, registered under Sections 3/4 of the Explosive Substances Act, Sections 25(1-B)A/26/35 of the Arms Act, 1959 and Section 17 of the C.L.A. Act.

(3.) Aggrieved by his detention, the petitioner has made this application, under Article 226 of the Constitution of India, seeking to get set aside and quashed not only the order of preventive detention, dated 13.1.2014, but also the order of approval, dated 28.2.2014, passed by the Advisory Board, Government of Bihar, and the order, dated 12.3.2014, passed by the State Government in exercise of power under Section 21(1) read with Section 22 of Bihar Control of Crimes Act, 1981, confirming the order of detention, dated 13.1.2014, aforementioned and directing that the petitioner shall remain in detention till 12.1.2015.