RAJENDRA THATHERA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) - The only point which has been canvassed before this Court on behalf of the petitioner - Rajendra Thathera is that from the allegation contained in the F.I.R. and the grounds of detention accompanied with the order dated 30/06/1999, Annexure 9 to the writ petition, passed under Sec. 3(2) of the National Security Act (hereinafter referred to as 'the Act'), by the District Magistrate Ballia, a case of disturbance of 'public order' or disruption of maintenance of essential service and supply is not made out and at best, if the allegation as such are accepted to be true, it would be a case of breach of 'law and order' for which the petitioner can adequately be dealt with and punished under the ordinary penal law.

(2.) The above submission has come to be made in the following circumstances :

(3.) In the night of 17th/ 18/05/1999, electricity wire measuring 3710 meters in length, the assessed value of which comes to Rs. 48,230.00 was removed and stolen by some unknown culprits stretched in between 13 electric poles from Government Tube well No. 212 to Tube well No.222 within the boundary of villages Samardapa to Dudhela within the jurisdiction of Police Station Haldi Ballia. A report of the theft was lodged on 24-5-1999 at 2.30 p.m. by Satya Nand Singh, in charge 33/11 K.V. Grah, Sonwani, Ballia. During the course of investigation, the petitioner was apprehended on 1-6-1999 and from his possession 18 Kilograms pieces of electric wire and solid block of 40 Kilograms (melted from electricity wire) with some pieces were recovered. The petitioner was booked in case crime No.90 of 1999 under Sec. 379/411 I.P.C. as the articles which were recovered from his possession pertained to the theft aforesaid. The petitioner applied for bail.