SK MABUD Vs. STATE OF ODISHA
HIGH COURT OF ORISSA
STATE OF ODISHA
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(1.) The present Criminal Writ Petition has been filed by the petitioner invoking Articles 226 and 227 of the Constitution of India challenging the order of detention dated 12.02.2020 passed by the District Magistrate, Balasore under Section 3(2) of the National Security Act, 1980. AFR
(2.) Brief facts of the case are stated hereunder so as to appreciate the rival legal contentions urged on behalf of the parties:
(a) The petitioner was under judicial custody in the District Headquarters Jail Balasore in connection to P.S. Case No.319 dated 17.10.2019 held under Section 395 of IPC and Sections 25 and 27 of the Arms Act. The Superintendent of Police, Balasore in his letter No.7586/1B dated 26.12.2019 addressing the District Magistrate appealed for the detention of the petitioner under Section 3(2) of the National Security Act. He contended that the present petitioner has been indulging in antisocial activities prejudicial to public order in town, Sahadevkhunta, Sadar, Industrial PS's areas and throughout the district of Balasore and also bordering area of West Bengal since 2013. He further emphasized that the petitioner does not have any ostensible means of livelihood and only depends upon extortion, robbery and other criminal activities. Further, he contended that the people in the abovementioned regions are in a state of constant fear due to the continuous atrocious activities of this petitioner who is a dreaded criminal. The Superintendent of Police has then attached a list of 20 cases, while detailing those he has mentioned that out of 14 cognizable cases, 8 cases have been charge sheeted and the rest 6 are under investigation and will be chargesheeted soon.
(b) Acknowledging the Letter No.7586/1B, District Magistrate, Balasore ordered for detention of the petitioner on 12.02.2020 and consequently provided the grounds of detention to the petitioner on 16.02.2020. The District Magistrate has stated that there is every possibility that his release on bail will lead to the probabilities of his indulgence in more and more criminal activities. He has further stated that upon thorough perusal of materials of criminal cases registered against him, it is clear that the petitioner is a die-hard anti-social and criminal who has scanty regard for the law of the land. Hence, his detention under Section 3(2) of the NSA Act is necessary in the interest of the maintenance of public peace as well as upholding public order in the locality.
(c) The aforesaid order of detention was approved by the State Government on 20.02.2020 and subsequently based on the report of the Advisory Board, the same was confirmed on 06.04.2020 for a period of three months. Thereafter the period of detention has been extended on 06.05.2020 and 30.07.2020 pursuant to which the petitioner continues to be in detention.
(3.) Learned Counsel for the petitioner submits that the detaining authority while presenting the report against the detenue has not disclosed the basic facts, material particulars which led to passing an order of detention. It has further not been disclosed that what is the basis and circumstances which led the District Magistrate to come to a conclusion that the detenue is terrorizing the innocent general public. Further, he has contended that the order of detention was passed on 12.02.2020 whereas the grounds of detention was served on 16.02.2020 which indicates that the order of detention was passed without considering the materials on record. It is therefore sufficient to activise this Court into examining the legality of detention.;
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