CHUN CHUN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Laxmi Narayn Das, learned counsel for the petitioner, and Mr. Sanjay Kumar, learned Government Pleader No. 14, for the respondents and considered the counter affidavits filed on behalf of the respondents.

(2.) The order passed by the District Magistrate in exercise of power under Section 12(2) of the Bihar Control of Crimes Act, 1981 (hereinafter to be referred to as "Act") is under challenge.

(3.) Mr. Laxmi Narayan Das, learned counsel for the petitioner, submitted that owing to the nature of offence committed by the petitioner, it cannot be said to be a case of public order, rather it is a case of law and order. It is further submitted that the petitioner does not appear to be a habitual offender nor he was found in acting in any manner prejudicial to maintenance of public order. Besides this, learned counsel for the petitioner also submitted that there was inordinate delay in disposal of the representation filed by the petitioner from jail dated 30th March, 2006, and, in that view of the matter, the order of detention and the order confirmed by the Department of Home (Police) Government of Bihar, are not sustainable in law.