VISHAL ANAND Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Vishal Anand aged about 36 years has filed this writ petition to question the Order No.7 dtd. 30/8/2022 passed by the Deputy Commissioner (District Magistrate) at Ranchi to preventively detain him at Birsa Munda Central Jail, Hotwar at Ranchi.

(2.) The confirmation order dtd. 2/11/2022 passed by the Under Secretary, Department of Home, Jail and Disaster Management, Government of Jharkhand and the extension orders dtd. 30/11/2022 and 28/2/2023 have also been put to challenge in the present proceeding.

(3.) A counter-affidavit has been filed on behalf of the Deputy Commissioner and Senior Superintendent of Police both at Ranchi in which the facts regarding the orders passed by the statutory authorities have not been denied. Similarly, in the counter-affidavit filed on behalf of the Department of Home, Prison and Disaster Management, Government of Jharkhand the foundational facts are not denied. From the preventive detention order passed by the Deputy Commissioner at Ranchi, we gather that the detenu is an accused in Nagri PS Case No.199 of 2020 which was lodged under Sec. 307/353 r/w Sec. 34 of the Indian Penal Code and Sec. 25(1-A)/27/35 of the Arms Act and Sec. 17 of the CLA Act. In this case along with Akash Linda the detenu has been sent up for trial under Sec. 302/34 of the Indian Penal Code and Sec. 27 of the Arms Act. There is also a reference of Mandar PS Case No.152 of 2021 which was registered under Sec. 302/120-B of the Indian Penal Code. In Mandar PS Case No.152 of 2021, one of the witnesses, namely, Ravindra Nand Tiwari is said to have been killed in furtherance of a criminal conspiracy hatched by the detenu. The order of preventive detention dtd. 30/8/2022 is primarily founded on these two criminal cases and sanha entries dtd. 11/11/2022, 13/11/2022, 14/11/2022 and 15/11/2022.