SYED MOHAMMAD NADEEM Vs. SUPERINTENDENT DISTRICT JAIL AGRA

JUDGEMENT

(1.) Petitioner-Syed Mohd. Nadeem, who is incarcerated in District Jail Agra, having been detained under the National Security Act, 1980 (In short the 'Act') has invoked the jurisdiction of this Court under Art. 226 of the Constitution, canvassing the validity of the detention order dated 16-6-99 passed under Section 3(2) of the Act. The order dated 16-6-99 purports to have been passed by the District Magistrate, Agra under Section 3 (2) of the Act with a view to preventing the detenu from acting in any manner prejudicial to the 'security of Nation'/'maintenance of supplies and services essential to the community'.

(2.) The order of detention was executed the same day and approval thereto was accorded by the State Government on 24-6-99, which was communicated to the detenu on 26-6-99. The detenu preferred a representation dated 3-7-99 through the Jail Superintendent on 3-7-99 which was received by the District Magistrate on 4-7-99 and the latter sent it for onward transmission to the Central Government and the State Government on 5-7-99. The presentation was received by the State Government on 6-7-99 and the same day, it was forwarded to the Advisory Board and ultimately it came to be rejected on 8-7-99 of which information was given to the detenu on 10-7-99. The presentation to the Central Government which was forwarded by the District Magistrate on 7-7-99, was placed before the under-secretary, on 12-7-99 and before the Joint Secretary on 13-7-99 and it came to be rejected by the State Minister, Home Affairs, Government of India, on 4-7-1999.

(3.) The facts anteceding the passing of the detention order under challenge as unfolded in the grounds of detention (Annexure 2 to the writ petition) may be dwelt upon and they are that on 30-3-1999, Rajendra Singh, Inspector In-charge, Police Station Sadar Bazar on being passed on information by the Informer, arrested Bal Kishan and Naseer Uddin near Cantt. Railway Station Agra and their search yielded counterfeit currency notes to the tune of Rs. 2500.00 and Rs. 4000.00 respectively, each of the denomination of Rs. 100.00. On being interrogated the accused persons made the disclosure that it was petitioner who was behind printing counterfeit currency notes. The police party returned to the Police Station and after making requisite entry at 12.20 p.m. on 30-3-99 in the general diary, it set out for Aligarh and thereon the pointing out of the accused persons, descended at a Printing press known as 'Lucky Press' situate in Mohalla-3, Aminisha, Police Station Civil Lines, Aligarh where the petitioner was present; on seeing the petitioner, the accused Naseer Uddin divulged to the Police that it was the man who had supplied counterfeit currency notes to him. Thorough search of the press yielded recovery of 35 wads of fake currency notes each of the denomination of Rs. 100.00 stuffed in a Safari brief-case and each wad had the fake currency notes of the value of Rs. 10,000.00. The entire search yielded recovery of fake Indian currency notes to the tune of Rs. 3,50,000.00; Besides currency notes, coins of the denomination of Rs. 5.00; equipments used for coining and stamping the metal, some semi-finished coins, one hundred US dollars, negatives of 100 rupee notes, negative of five rupee coin, printed blank diploma sheets of A.M.U. and several other printed blank sheets, the details of which are delineated in the grounds of detention were also recovered during the search of the premises.