LAWS(PAT)-1989-5-11

RAJ KUMAR GUPTA Vs. STATE OF BIHAR

Decided On May 26, 1989
RAJ KUMAR GUPTA Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) On 27-4-1989, I had joined in recording the operative part of the judgment, which is quoted hereinunder :

(2.) The relevant facts are being stated on the basis of the averments made in this application, supplementary affidavit filed on behalf of the petitioner and the counter affidavit filed on behalf of the respondents, which are not in dispute. The petitioner was in jail from before in connection with Khajekalan P. S. case No. 144 dated 1-11-1987. Order of detention under section 12(2) of the Act was passed by the District Magistrate, Patna under order No. 4915 dated 26-5-1988 directing that the petitioner be detained in Bankipur Central Jail, Patna, classified as Class-X, Division C, a copy whereof is annexed as Annexure-1 to the writ application.

(3.) The grounds on which the detention order was passed were communicated to the petitioner as provided under section 17(1) of the Act vide order No. 4916, C Patna dated 26-5-1988, annexure-as Annexure-2 to the writ application. It appears that the order of detention and grounds with connected papers were served on the petitioner in Bankipur Central jail on 27-5-1988. The order of detention passed against the petitioner by the District Magistrate, Patna, got approval of the State Government as required under section 12(3) of the Act on 3-6-1988 (copy of the order passed by the State Government in this regard is appended as Annexure-3).