LAWS(RAJ)-2015-5-81

BABU SINGH Vs. STATE OF RAJASTHAN AND ORS.

Decided On May 19, 2015
BABU SINGH Appellant
V/S
State of Rajasthan And Ors. Respondents

JUDGEMENT

(1.) IN this Habeas Corpus writ petition, the petitioner Babu Singh, resident of village Unda, Police Station Sangath, Tehsil Fatehgarh, District Jaisalmer is challenging the validity of impugned orders Annex.1, 2 and 3 passed by the District Collector and the State Government under the provisions of Rajasthan Prevention of Anti Social Activities Act, 2006 (hereinafter referred to as the Act of 2006 for short).

(2.) AS per brief facts of the case, the District Magistrate, Jaisalmer while considering 14 criminal cases registered against the petitioner from Oct., 2012 to 7th Nov., 2014 under various Sections of IPC alongwith Section 136 of the Electricity Act passed an order of detention on 11th Nov., 2014 and communicated the same while incorporating the reasons to the petitioner. The case of the petitioner was placed before the Advisory Board in which while giving notice to the petitioner on 28th Nov., 2014 the petitioner was granted an opportunity to file representation against the order of detention.

(3.) THE petitioner appeared before the Advisory Board and filed his representation but Advisory Board after hearing the petitioner gave its opinion that detention of the petitioner is necessary on the basis of entire evidence and held that there exist sufficient material for detention of the detenue, therefore, confirm the order of detention for the maximum period given under the Act of 2006.