YOGENDRA SINGH CHAUHAN Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sr. D.P.S. Chauhan, learned Counsel for the Petitioner, Mr. Jitendra Kumar Sisodia, learned Counsel appearing for the State of U.P, Mr. Shishir Tondon appearing on behalf of Union of India and perused the record.

(2.) Learned Counsel for the Petitioner has challenged the detention of Petitioner, Yogendra Singh Chauhan, on the following two grounds:

(3.) In the present case, the detention order was passed by the District Magistrate, Gautam Budh Nagar under Section 3(2) of the National Security Act in exercise of power under Section 3(3) of the aforesaid act on 11.5.2010. It was served upon the Petitioner through Jail Authorities since he was already in detention in criminal case at district Jail, Ghaziabad. On 13.4.2010, the police of Police Station Kasna recovered fake currency note of determination of Rs. 1,000/-from the possession of the Petitioner. He had obtained the fake currency note from one Prithvi Raj Shakya, who was member of the gang. Fake currency notes of Rs. 11,000/-has already been circulated in public and 9 fake currency note of Rs. 1,000/-was recovered from his possession. After receiving the report from the sponsoring authority the detaining authority was subjectively satisfied that the activities of the Petitioner was prejudicial to the community hence the detention order was passed on 11.5.2010 and served through Jail Authority as there was further satisfaction regarding the possibility of release from jail in near future. He was informed regarding right of representation and right of hearing before the Advisory Board. The detention order was approved by the State Government on 17.5.2010 within 12 days from the date of detention, which was communicated to the Petitioner at district Jail, Ghaziabad, after receiving the same through radiogram dated 18.5.2010 on 20.5.2010. He was produced before the Advisory Board for personal hearing on 2.6.2010. The Advisory Board found sufficient cause for detention of the Petitioner. Thereafter, the detention order was confirmed by the State Government for a period of 12 months from the date of his detention and the communication was issued through radiogram and by letter dated 29.6.2010, to communicate the Petitioner.