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2023 Supreme(Jhk) 27

SHREE CHANDRASHEKHAR, RATNAKER BHENGRA
Prakash Chandra Yadav – Appellant
Versus
State of Jharkhand through Principal Secretary, Department of Home – Respondent


Advocates Appeared:
For the Appellant : Mr. Vimal Kirti Singh, Mr. Ujjal Choudhary, Mr. Raunak Sahay, Ms. Aparajita Mallick, Ms. Epil Moushmi Bodra.
For the Respondent: Mr. Rajiv Ranjan, Mr. Manoj Kumar.

JUDGMENT :

1. This Letters Patent Appeal has been filed by Prakash Chandra Yadav @ Mungeri Yadav against whom an order of preventive detention under section 12(1) & (2) of the Jharkhand Control of Crimes Act, 2002 (in short, Crimes Control Act) has been passed on 8th August 2022 by the District Magistrate of the district of Sahibganj.

2. By an order dated 2nd November 2022, W.P.(Cr.) No. 405 of 2022 filed by the detenu challenging the order of detention dated 8th August 2022 has been dismissed by the writ Court holding that (i) all the constitutional safeguards have been complied, (ii) 4-principles relating to representation of the detenu as enunciated in Jayanarayan Sukul v. State of West Bengal, (1970) 1 SCC 219 have been followed, (iii) no case of mala fide has been made out, and (iv) the order of detention is based on subjective satisfaction of the detaining authority. While dismissing W.P.(Cr.) No. 405 of 2022, the writ Court has gone into the contentions of the parties, the relevant laws and Judicial pronouncements and the materials on record in great details.

3. The writ Court

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