BINOD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) LEARNED Counsel for the petitioner and learned Addl. Advocate General III have been heard in detail so that this writ petition may be disposed of at the stage of admission itself.

(2.) PETITIONER has sought for a writ in the nature of Habeas Corpus seeking his release from preventive detention pursuant to order dated 22.5.2007 (Annexure -1) issued by the District Magistrate, Bhagalpur under Section 12(2) of Bihar Control of Crimes Act, 1981 (hereinafter referred to as 'the Act') which has been confirmed by the State Government vide order dated 1.6.2007 (Annexure -2).

(3.) WHILE communicating the grounds of detention, through Annexure -4 dated 24.5.2007 and also through order of the State Government under Section 12(3) of the Act dated 1.6.2007 (Annexure -2) the petitioner was informed that he could represent before the State Government. Apparently due to Section 17 of the Act, the petitioner was never informed that he could represent before the District Magistrate, Bhagalpur.