INAM Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Agarwal, J. This petition was preferred by this petitioner Inam against the order of detention dated 21-5-2002 passed under Section 3 (2) of the National Security Act, 1980 (hereinafter called as 'nsa' ). The petitioner along with his companion, namely, Meharban were arrested on 23-5-2002 while they were waiting for the poor, protected animals, in the Shivalik Range Sanctuary to fall pray to the trap laid by them. They had fire-arms in their possession. Earlier on 22-5-2002 the Forest Officer, Mohand Range, Shivalik, P. S. Biharigarh, Sri Mahendra Singh Yadav, had sent a letter to S. O. P. S. Biharigarh, pointing out that in his protected forest region for the last few days some armed persons were cited. He suspected them to be either forest wood smugglers or poachers. Their activities created panic and fear amongst the residents of the area as also amongst the forest staff. These people fear entering into the jungle. An enquiry was conducted by a Head Constable of P. S. Biharigarh accompanied with force and the suspicion of the Forest Officer was found to have substance.

(2.) AS earlier discussed, on 23-5-2002 the petitioner was arrested along with Meharban when they were in the process of trapping protected animals. They had prepared special nets for the purpose. On their arrest they also confessed about their past activities and promised to get recovered the skins of Guldar & Bijju and horns of Sambhar. These articles were recovered from the house of the two accused including the petitioner on the same day. Offences were registered under Section 307 IPC vide Crime No. 68 of 2002 for opening fire on the police when they approached them, Crime No. 69 of 2002 under Section 25 of the Arms Act, Crime No. 70 of 2002 under the same section and Crime No. 71 of 2002 under Sections 9/49/49-A/51 of the Forest Animals Protection Act.

(3.) THE detention order, as earlier discussed, was passed on 31-5-2002. THE papers for approval were sent on 31-5-2002 itself to the State Government. It were received on 3-6-2002. THE detention order was approved by the State Government on 5-6-2002.