JAGMOHAN Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) Jagmohan @ Jaggu has challenged his detention under Section 3(2) of the National Security Act (herein called 'the Act'). The order of detention bearing (No. F. 91/D/LA/Judl.) 81/1161-63 was pas. sed by the then Commissioner of Police on 17th September, 1981, and was confirmed by the Administrator on 31st October, 1981, whereby under Section 13 of the Act it was directed that the petitioner be detained for 12 months from the date of his detention, namely 21st September, 1981.

(2.) At the outset it may be noticed that the petitioner's allegations are that he was arrested from his residence at Modinagar where he had been living for the last over three years. Accroding to him he has not been involved in any criminal case in Delhi after 9th July, 1980. The respondents admit that the petitioner was arrested from Modinagar and that no case after 9th July, 1980, was registered against him at Delhi.

(3.) It is the admitted case of the parties that the last two cases mentioned in the Appendix annexed with the grounds of detention were registered against the petitioner at Police Station Modinagar (UP)-one was registered vide FIR No. 733 on 30th November, 1980, for an offence under Sections 399/402/307, Indian Penal Code and the other vide FIR No. 786 on the same day for an offence under the Arms Act. Both these cases are pending under investigations.