S. C. Mookherji, J.

1. The District Magistrate of Muzaffarpur, Shrimati deepika Padda, by her order dated 26-8-1989, directed the detention of the petitioner under Sec.12 (2) of the bihar Control of Crimes Act (in short, of the Government of Bihar, Home (police)department (Annexure-1 ). The detention order along with the grounds (Annexure-2) was served upon the petitioner on 29-8-1989 while he was in judicial custody in connection with some substantive cases instituted against him under various sections of the indian Penal Code and Arms Act, details which have been given in annexure-2.

2. It is needless to state the material portion of the order of detention, the averments made in the petition, counter affidavit and the reply thereto, in view of the legal points raised by the petitioner and not controverted on behalf of the State.

3. The first point that has been taken is that the order of confirming the detention of the petitioner having been passed by the State Government without considering the representation of the petitioner, his detention was unlawful, as being in violation of article 22 (5) of the Constitution and section 17 of the Bihar Control of Crimes act. Before