- (1.) The petitioner is aggrieved against the order of detention dated 20.11.2010. Annexure-2, passed by the District Magistrate, Ranchi u/s 12 of the Jharkhand Control of Crimes Act, 2002 and he has given grounds for passing the order, Annexure-3, of the same date. The order of the District Magistrate, Ranchi referred above has been approved by the State Government u/s 12 (2) of the said Act, 2002 on 29th November, 2010. The detention was approved by the Advisory Board in its meeting dated 16.12.2010.
(2.) Learned counsel for the petitioner vehementally submitted that the District Magistrate, Ranchi has taken into consideration absolutely irrelevant facts as well as misread even report of the police and, therefore, without application of mind has passed the order of detention of the writ petitioner. The State Government also without noticing these grave mistakes confirmed the detention order u/s 12(2) of the Act of 2002. The said mistake has also not been addressed by the Advisory Board as is apparent from the decision of the Advisory Board.
(3.) It is also submitted that the matter should have been placed before the Advisory Board within a period of three weeks from the date of detention of the writ petitioner and the matter was not infact placed before the Advisory Board as mandatorily required by Section 19 of the Act. Learned counsel for the petitioner relied upon a Division Bench Judgment of this Court wherein it has been held that mere presentation of a matter before any officer of the Advisory Board is not sufficient compliance of Section 19 of the Act of 1981 as rendered in W.P. (Cr.) No. 220 of 1988 in the case of Dinesh Yadav - vs.- The State of Bihar & Ors. decided on 05.10.1988 by a Division Bench of Patna High Court.;