341, 323 and 506 read with s. 34 of the Indian Penal Code.
In our opinion both the grounds are weighty and go to the root of the matter and would vitiate the detention order.
On February 10, 1982, grounds of detention were served on the detenu in jail where he was already detained.
Appeal by special leave from the judgment and order dated 7 4 1982 of the Patna High Court Ranchi Bench in Writ Jurisdiction Case No.
Case of the detenu was referred to the Advisory Board and after receipt of its report the State Government companyfirmed the order of detention.
Detenu Biru Mahato was arrested on January 13, 1982, on the allegation that he was involved in two incidents which occurred, first at 5 p.m. and the second at 5.30 p.m. on January 12, 1982.
Both the appeal and writ petition are being disposed of by this companymon judgment.
Under article 32 of the Constitution of India WITH Criminal Appeal No.
Here are the reasons.
Detenu has filed this writ petition under Article 32 as also appeal by special leave under Art.
307 and 323, I.P.C. After his arrest the detenu was companyfined in prison.
Detenu perferred a petition for a writ of habeas companypus in the High Court at Patna which was dismissed in limine by a Division Bench of the High Court.
ORIGINAL JURISDICTION Writ Petition Criminal No.
40 of 1982 R .
In respect of the first occurrence bail application of the detenu was accepted but in respect of the second occurrence the bail application was rejected by the learned District Sessions Judge, Dhanbad on February 12, 1982.
488 of 1982.
Goburdhan for the Respondent.
1125 of 1982.
The detenu made a representation on February 15, 1982, which was rejected by the State Government on February 16, 1982.
The Judgment of the Court was delivered by DESAI, J. By our order dated October 8, 1982, the order of detention dated February 5, 1982, made by the District Magistrate, Dhanbad, against detenu Biru Mahato was quashed and set aside by us further stating that the reasons would follow.
The grounds of detention referred to the two incidents which occurred on January, 12, 1982.
24 1 /82 has been registered at Bagmara Police Station for offences under ss.
In the first occurrence detenu and his associates appear to have companymitted offences under ss.
P. Singh for the Petitioner Appellant.
F.I.R. led to registration of the offences at Bagmara Police Station numbered as 25 1 /82.
F.I.R. No.
In the mean time the District Magistrate, Dhanbad, made an order on February 5, 1982, in exercise of powers companyferred by sub section 2 read with sub section 3 of section 3 of the National Security Act, 1980 Act for short , directing that the detenu be detained so as to prevent him from acting in any manner prejudicial to the maintenance of public order.
