BAM BAM SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the State.

(2.) Petitioner has filed this writ application for issue of writ in the nature of Habeas Corpus commanding the respondents to release the petitioner forthwith as also to quash the order dated 30.12.2004, Annexure-2 to this application where-under he has been detained by the respondent District Magistrate by resorting to the powers contained in Sub-section (2) of Section 12 of the Bihar Control of Crime Act, 1981 (hereinafter referred to as 'the Act). He has also questioned the validity of the order-dated 8.1.2005, as contained in Home (Police) Department Memo. No. 66 dated 8.1.2005, Annexure-4 whereunder his detention has been approved by the State Government.

(3.) Aforesaid reliefs have been prayed for on the ground that the representation of the petitioner dated 5.5.2005, Annexure-5, addressed to the District Magistrate, Begusarai, was not disposed of with due expedition. It has been further submitted, with reference to the grounds of detention, contained in order dated 31.12.2004, Annexure-3, that the petitioner is not an anti social element within the meaning of Sub-clause (d) of Section 2 of the Act as petitioner is not habitually committing offences punishable under Chapter XVI or XVII of the Indian Penal Code, as from perusal of the order dated 31.12.2004 it would appear that the petitioner committed offence under Chapter XVI and XVII of the Indian Penal Code in the year 2001, 2002 and 2004, but did not commit any such offence in the year 2003 and thus according to the learned counsel for the petitioner it cannot be said that petitioner is habitually committing offences under Chapter XVI and XVII of the Indian Penal Code.