LAWS(PAT)-2007-9-43

BIRENDRA YADAV Vs. STATE OF BIHAR

Decided On September 13, 2007
BIRENDRA YADAV Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

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

(2.) THE petitioner has preferred this writ petition seeking issuance of a writ in the nature of Habeas Corpus and quashing of order of preventive detention passed by the District Magistrate, Samastipur on 12.2.2007 (Annexure -2), under Sec. 12(2) of the Bihar Control of Crimes Act, 1981.

(3.) ON going through the counter -affidavits filed on behalf of the State as well as on behalf of the District Magistrate, respondent no. 2 we find that the State has demonstrated that requirements of Sec. 19 was complied with and the matter relating to the petitioner was placed before the Advisory Board through a letter dated 27.2.2007 and the Advisory Board heard the matter on 23.3.2007 and its opinion was received by the Government on 30.3.2007 within seven weeks of detention of the petitioner pursuant to the impugned order of preventive detention. It appears that the requirements of Sections 19 and 20 of the aforesaid Act have been complied with.