Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.545 of 2012 ====================================================== Md. Irshad Ujjama Son of Md. Shamshad Ujjama, Resident of village- Lakhminiya, P.S.- Ballia, District- Begusarai………….. .... Petitioner Versus 1. The State Of Bihar 2. The Under Secretary, Home (Police) Department, Govt. of Bihar 3. The District Magistrate, Begusarai 4. The Superintendent of Police, Begusarai .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Bhanu Pratap Singh, Advocate For the Respondent/s : Mr. Vikas Kumar, A.C. to A. G. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA AND HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA) 4 20-07-2012 The writ petitioner Md. Irshad Ujjama has prayed for setting aside the order No. 2283 dated 29.10.2011 and order no. 2284 dated 29.10.2011 passed by the District Magistrate, Begusarai by which the petitioner has been detained under Section 12 of the Bihar Control of Crimes Act and also for setting aside the order no. 7CCA 120/2011 H (P) 8079 dated 8.11.2011 passed by the respondent no. 2 passed by the Under Secretary Home (Police) Department, Govt. of Bihar under section 12 (3) of the Bihar Control of Crimes Act by which the orders dated 29.10.2011 passed by the District Magistrate, Begusarai have been approved and the order No. 7/CCA 120/2011 H (P) – 8655 dated 29.11.2011 passed by the respondent no. 2 Under Secretary Home (Police) Department, Govt. of Bihar under section 21 (1) read with Patna High Court CR. WJC No.545 of 2012 (4) dt.20-07-2012 2 Section 22 of the Biahr Control of Crimes Act 1981 by which the orders dated 29.10.2011 passed by the District Magsitrate, Begusarai have been confirmed detaining the petitioner till 18.10.2012. 2. The background leading to this writ application is that the respondent no. 4 the Superintendent of Police, Begusarai vide his letter no. 6149 dated 8.10.2011 addressed to the District Magistrate, Begusarai prayed for taking action against the petitioner for his detention under section 12 (2) of the Bihar Control Crimes Act, 1981 (hereinafter referred to as the Act) for maintaining the public order, as the petitioner was actively participating in criminal activities causing terror to the public. The petitioner was lodged in judicial custody in Begusarai District Jail and was trying to obtain bail in criminal cases. The letter mentioned that the petitioner was accused in six criminal cases. On the basis of recommendation of the Superintendent of Police, Begusarai on 22.10.2011, the District Magistrate, Begusarai asked the petitioner to file show cause on 27.11.2011, as to why he should not be detained under Section 12 (2) of the Act. The petitioner filed show cause before the District Magistrate denying that he was terror and also stated that he had been framed on account of enmity. The District Magistrate directed the detention Patna High Court CR. WJC No.545 of 2012 (4) dt.20-07-2012 3 of the petitioner after his opinion about petitioner as antisocial element and habitual offender and it was noted that the detention of the petitioner was must in public interest. Copy of the order was supplied to the petitioner. Later on by the order dated 8.11.2011 bearing no. 7CCA-120/2011 H (P) -8079 the respondent no. 2 under section 12 (3) of the Act approved the detention order dated 29.10.2011 passed by the District Magistrate, Begusarai and the petitioner was directed to be detained till 28.10.2012. 3. Learned counsel for the petitioner submits that the criminal cases against him have been lodged at the behest of Md. Ijhar, who is an influential and muscle man of the locality, as he has caused murder for which Ballia P.S. Case No. 65 of 2001 was instituted against him and there was possibility of breaking out communal riot. In the year 2011 mother of the petitioner, namely, Fashma Khatoon contested the election of Mukhiya in which wife of Md. Ijhar was also a contestant, as Md. Ijhar could not perceive a person contesting against his wife, so he had grudge. The petitioner was on bail except in Ballia P.S. Case No. 134 of 2011 under [STATUTE] , Sahebpur Kamal P.S. Case No. 59 of 2011 under [STATUTE] and Ballia P.S. Case No. 62 of 2011 under [STATUTE] . Further submission is Patna High Court CR. WJC No.545 of 2012 (4) dt.20-07-2012 4 that though chargesheet has been submitted against the petitioner in criminal cases but the case diary clearly exhibited that there was no evidence showing complicity of the petitioner. Regarding Ballia P.S. Case No. 58 of 2011 the petitioner has stated that he is neither the person who took the vehicle of the informant nor it has been recovered from his possession. In connection with Ballia P.S. Case No. 62 of 2011 it has been submitted that it was registered against unknown. Similarly Sahebpur Kamal P.S. Case No. 59 of 2011 was registered against unknown. In Ballia P.S. Case No. 81 of 2011 the Police Officer Assistant Sub-Inspector Md. Irshad Alam was the informant and the case was lodged for the recovery of Pulsar motorcycle which was said to be recovered from the petitioner. In Ballia P.S. Case No. 134 of 2011, the informant has filed a petition before the learned Chief Judicial Magistrate, Begusarai that the petitioner has not demanded extortion and that case was compromised. In connection with Ballia P.S. Case No. 78 of 2011, it has been submitted that no firearm was recovered from his possession. The petitioner, in fact was the victim in connection with Purnia P.S. Case No. 426 of 2009 and Patna (Digha) P.S. Case No. 44 of 2010. It has further been submitted that pendency of criminal cases should not be a ground for passing order under section 12 (2) of the Act. The detaining authority has Patna

Applicable IPC Section: 414

Statute Text:
Section 414 of the Indian Penal Code. Assisting in concealment or disposal of stolen property, knowing it to be stolen. Whoever voluntarily assists in concealing or disposing of or making away with property which he knows or has reason to believe to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.