PRAKASH CHANDRA YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Letters Patent Appeal has been filed by Prakash Chandra Yadav @ Mungeri Yadav against whom an order of preventive detention under Sec. 12(1) and (2) of the Jharkhand Control of Crimes Act, 2002 (in short, Crimes Control Act) has been passed on 8/8/2022 by the District Magistrate of the district of Sahibganj.

(2.) By an order dtd. 2/11/2022, W.P.(Cr.) No. 405 of 2022 filed by the detenu challenging the order of detention dtd. 8/8/2022 has been dismissed by the writ Court holding that (i) all the constitutional safeguards have been complied, (ii) 4-principles relating to representation of the detenu as enunciated in "Jayanarayan Sukul" (1970) 1 SCC 219 have been followed, (iii) no case of mala fide has been made out, and (iv) the order of detention is based on subjective satisfaction of the detaining authority. While dismissing W.P.(Cr.) No. 405 of 2022, the writ Court has gone into the contentions of the parties, the relevant laws and Judicial pronouncements and the materials on record in great details.

(3.) The writ Court has examined the matter in the following manner: