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1991 Supreme(Pat) 410

OM PRAKASH
Vidya Singh – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the petitioner: M/s Rana Pratap Singh and Anant Bijay Singh.
For the State: M/s R.S. Roy and Binod Bihari Singh.

Judgment

Om Parkash, J.

Petitioner Vidya Singh has been detained by an order dated 12.4.1991 passed under sub-section (2) of section 3 of the National Security Act. The detention order and grounds of detention were served on him on 13.4.91 and 14.4.91 respectively. The detention order was confirmed by the State Government on 22.4.91. The petitioner filed a representation against his detention on 24.4.91. It was rejected by the State Government on 10.6.1991 and the order of rejection was communicated to petitioner on 11.6.1991.

2. Petitioner's involvement in some criminal case has been relied upon by the detaining authority, District Magistrate, Gopalganj, for passing the detention order. His involvement in one of such cases, namely, Vijaypur, p.s. case No. 43/85, dated 13.11.86 has been relied upon by the detaining authority in the following terms:

"4. Vidya Singh was a non F.I.R. accused in Vijaypur p.s. case no. 43/85, dated 13.11.86 u/s 363/364/366/386 I.P.C. The complainant of this case Kanhai Ram son of Lakhan Ram of village Ahiyapur registered this case against Vinod Shahi and Anirudh Shahi regal ding the kidnapping of his daughter Bhanu Devi. In the process of investigation accu

























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