MUBEENA ZAKRIAH Vs. COMMISSIONER OF POLICE GREATER

JUDGEMENT

(1.) Agitating the detention orders dated 5.6.2003 passed by the Commissioner of Police, Greater Chennai, in exercise of the powers conferred on him under Section 3(2) of the National Security Act (Central Act 65 of 1980) directing one Zahir Hussain (HCP.NO.1322 of 2003), Nijamudeen (HCP.NO.1338 of 2003) and Mohammed Abdul Khader (HCP.NO.1386 of 2003) to be detained and kept under custody at the Central Prison, Cuddalore, the relatives of the concerned detenus have preferred these habeas corpus petitions.

(2.) Zahir Hussain was arrested on 29.11.2002 and the other two detenus were arrested on 3.12.2002. In the grounds of detention, it was so mentioned that on 29.11.2002, Thiru V.K.Mahendran, Sub.Inspector of Police (Law and Order) P6, Kodungaiyur Police Station, Chennai City along with his party consisting of the Head Constable and others conducted vehicular check near Rajarathinam Nagar Bridge, Kodungaiyur, Chennai around 11 hours and that they noticed Zahir Hussain (a) Abu Yahiyaa and one Towfiq each carrying a plastic bag in their hands and proceeding towards the northern direction of the bridge. After surrounding them and search made upon them by the police party, the plastic bag, which was carried by the detenu Zahir Hussain was found to contain five gelatine sticks (explosives), his identity card with photo issued at Saudi Arabia bearing No.C-7320276-2 and four visiting cards of different persons. Similarly, the plastic bag carried by Towfiq was found to contain 40 detonators (explosives) and other diaries. The seizure of the above said said articles was made under the cover of mahazar with attestation by two respectable persons of the locality.

(3.) They were brought to Kodungaiyur Police Station where the Sub.Inspector of Police lodged a special report setting out the aforesaid details. The seized properties were also produced before him. A case in Crime No.681 of 2002 under Section 5 of the Indian Explosive Substances Act and Section 120B of the Indian Penal Code was registered and the investigation was also taken up. Thereafter, in the course of investigation, the statements under Section 161 of the Criminal Procedure Code were recorded from various witnesses. The observation mahazar and rough sketch of the scene of occurrence were also prepared and the properties seized were sent under Form 95 to the Judicial Magistrate's Court on the same day.