VIJAY PRAKASH MISRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Through this petition preferred under Article 226 of the Constitution of India, petitioner-detenu Vijay Prakash Misra alias Darhi Misra has impugned order dated 7-9-2002 passed by the second opposite party Sri Suresh Chand Sharma, District Magistrate, Pratapgarh detaining him under Section 3(2) of the National Security Act. The detention order along with the grounds of detention, which are also dated 7-9-2002, was served on the petitioner-detenu on 7-9-2002 itself and their true copies have been annexed as Annexures 1 and 2 respectively to the writ petition.

(2.) The prejudicial activities of the petitioner-detenu which impelled the second opposite party to issue the impugned order against him are contained in Annexure No. 2 (grounds of detention). A perusal thereof would show that the impugned order is founded on three CRs. lodged at P. S. Sangramgarh, district Pratapgarh, namely:-

(3.) We have heard learned counsel for the parties. It is common ground between them that on 7-9-2002, the date when the impugned detention order was issued by the second opposite party against the petitioner detenu, the latter was in custody in C. R. No. 59 of 2002 under Sections 302/506, I.P.C. of police station Sangramgarh, district Pratapgarh (referred to above). It is well-settled that a detention order can be issued against a person in custody provided the detaining authority shows his awareness in the grounds of detention that the person sought to be preventively detained is in custody. There is no dearth of authorities on this point and to eschew prolixity, we are only referring to one of them, namely. Dharmenda Suganchand Chelawat v. Union of India, reported in AIR 1990 SC 1196. Paragraph 19 of the said authority reads thus:-