Anand Prasad Sinha, J.

By this application, petitioner Mohan Singh challenges the validity of his detention in consequence of the order of the District Magistrate, Khagaria under Sub-section (2) of Section 12 of the Bihar Control of Crimes Act (hereinafter to be referred to as 'the Act'), on his being satisfied that it was necessary to detain the petitioner for preventing him from acting in any manner prejudicial to the maintenance of the public order. The order of detention is based on the grounds indicating involvement of the petitioner in serious illegal acts and also giving rise to several criminal cases. Accordingly, the District Magistrate by order No. 66 dated 7-1-1983 (Annexure-1) directed the petitioner under sub-section (2) of section 12 of the Act to be detained in Bhaglpur Central Jail. The grounds for detention, as contained in order No. 67 dated 7-1-1983 (Annexure-2), had also been served with a direction that if he so desired, be may file a written petition against the order of detention by 19-1-1983. Consequently, it appears that the Petitioner was detained in Jail with effect from 8-1-1983. The detention order along with the grounds had been sent to the Home (Police) department, Government of Bihar, for information and for approval.

2. By order dated 25.1.1983 (Annexure-3) the State Government had approved the detention order aforesaid against the petitioner. Further, it appears that by order dated 24.2 83 (Annexure-4), the Home (Police) department, Government of Bihar had issued an order after the detention of the petitioner had been held valid by the Advisory Board confirming the detention of the petitioner till 6.1.1984 as contemplated under section 21(1) read with section 22 of the Act.

3. Learned counsel for the petitioner has raised several points. It has been urged that the detention of the petitioner is not valid as the approval has not been accorded by the State Government within the specified time as laid down under section 12(3) of the Act. This provision envisages that the approval has to be accorded within a period of 12 days after passing of the orders of detention by the District Magistrate. Along with this plea, the other submission is that the order of confirmation of the detention order has not been passed by the State Government as the order is under the signature of the Under Secretary to the Government.

4. Absolutely, there is no merit in these contentions. The order of detention and also the grounds mentioned, as stated above, are dated 7.1.1983. It will appear that the petitioner bas been detained in consequent thereof with effect from 8.1.1983. As stated above, the District Magistrate had simultaneously referred the matter to the Home (Police) department, Government of Bihar, for approval and confirmation of the State Government. The counter affidavit filed on behalf of the State Government states that the District Magistrate, Khagaria, by letter dated 7.1.1983 had reported about the fact regarding the detention of the petitioner to the State Government together with the grounds on the basis of which the order had been made and other connected necessary papers. That letter was received in the Home (Police) department on 12.1.1983. The under Secretary Home (Police) department, had dealt with the matter on 13.1.1983 and had put up the necessary papers before the Home Commissioner, Government of Bihar, Patna for the approval of the Chief Minister. It was approved by the Chief Minister On 17.11983. Thereafter, the file was returned back to the Concerned department Home (Police) on 22.1.1983, the draft was prepared and the necessary orders have been issued being order No. 63.9 dated 25.1.1983 (Annexure-3) and was forwarded to the Superintendent, Central Jail, (or service on the petitioner.

5. Therefore, from the facts stated above, it will appear that the approval had been accorded by the State Government within the specified period as contemplated under subsection (3) of section 12 of th