DUSHYANT Vs. UNON OF INDIA

JUDGEMENT

(1.) Heard Sri Manoj Kumar Srivastava, learned counsel for the petitioner, learned A.G.A.for the State of U.P.and Sri Nitin Gupta, learned counsel appearing on behalf of Union of India.

(2.) This petition has been filed on behalf of Dusyant alias Satendra with the prayers to :

(3.) The facts, in brief, of this case are that the order dated 22.12.2011 has been passed by District Magistrate, Aligarh in exercise of powers conferred under section 3(3) of National Security Act (hereinafter referred to as ''NSA') by which the petitioner has been detained as an ordinary prisoner in District Jail Aligarh under section 3(2) of NSA. The grounds of detention are also annexed along with detention order dated 22.12.2011. The main ground of detention is that petitioner and his associate Vipin were apprehended by the police on 9.10.2011 at 4.30 P.M., their another associate successfully escaped from the alleged place of incident, on search made by police, 49 Notes having the denomination of Rs. 100 bearing No. 8HD498391 were recovered from the possession of the petitioner and from the possession of the co-accused Vipin 50 Notes having the denomination of Rs.100 bearing the same numbers were recovered and from their Honda City Car No. U.P.75F 6823 , one Printer and other articles used in manufacturing the counterfeited currency notes and huge quantity of counterfeited currency notes having the denomination of Rs. 100 and Rs. 50 were recovered, the total amount of counterfeited currency Notes Rs. 25,400/ were recovered. Some other papers having the print of Rs.100 and Rs. 50 were recovered. The petitioner and co-accused Vipin disclosed the name of their associate, who successfully escaped from the place of incident, is Teetu son of Lakhan Singh Thakur. The petitioner and co-accused Vipin confessed before the police that they were manufacturing the counterfeited currency notes and they were circulating through agent. The copy of the impugned order dated 22.12.2011, the grounds of detention and all other connected documents were supplied to the petitioner through Jail Superintendent,Aligarh by District Magistrate on 22.12.2011, the same were sent to the State Government on the same day, which was received by the State Government on 23.12.2011. The order of detention order dated 22.12.2011 was approved by the State Government on 28.12.2011 and all the documents received from District Magistrate, Aligarh were sent by the State Government to the Central Government as well as State Advisory Board on 28.12.2011, the order dated 28.12.2011 approving the detention order was communicated to the petitioner through District authority by radiogram and letter, both dated 28.12.2011.