MAHADEV PRASAD SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) By means of above writ petition the petitioner has challenged the validity of detention order dated 4-5-2002, passed by District Magistrate, Maharajganj, respondent No. 3, under Section 3(2) of the National Security Act.

(2.) Along with the detention order the petitioner was served with the grounds of detention which stated that on 15-11-2001 at about 2.45 p.m. at village Parsa, P.S. Parsa Malik, district Maharajganj, at a distance of one kilometer from Indo Nepal Border, the police of P.S. Parsa Malik recovered 1100 cartridges of 303 and 450 factory made cartridges of 12 bore from the possession of Pramod Yadav, an associate of the petitioner who was carrying the same on the frame of cycle in a plastic bag. The remaining four associates of the petitioner were successful in carrying cartridges in three bags to Nepal. The above cartridges were being carried for use by Maos in terrorist activities. The above act was being done by an organized gang of the petitioner for monetary and political gain. A case at crime No. 306 of 2001, under S. 25 Arms Act and Sec. 3(1) of U.P. Gangsters and Prevention of Anti Social Activities Act, 1986 was registered at P.S. Parsa Malik, district Maharajganj against Pramod Yadav, Jai Ram Jaiswal, Barkalla Miyan and two others all associates of the petitioner, on the report of the Station Officer, P.S. Parsa Malik. During investigation on 2-12-2001 the petitioner was arrested and an English magazine entitled "The Himaliyan Wonder Historical Conference" (May, 2001 issue) was recovered from his possession. On page 16 of the above magazine there was an article affecting the unity and integrity of India. During investigation of above noted case it was disclosed that on 10-11-2001 Ajay Misra and Dilip Sharma the associates of the petitioner, negotiated with Amin, the proprietor of Amin Transport at Nandlal Chhapra, P.S. Agam Kuan, district Patna for carrying the above cartridges under the fake names from Patna to Nautanva, district Maharajganj and in this connection on 12-11-2001 Amin had contacted Devendra Singh, the proprietor of National Transport Patna for carrying the above cartridges from Patna to Nautanva in a grey coloured Swaraj Mazda Truck No. U.A. 07-3969 and Tata 709 for Rs. 4000.00. The drivers and cleaners of the above Swaraj Mazda truck were paid Rs. 2000.00 each for carrying the above cartridges concealing in banana consignment from Patna to Nautanva. Amin had made forged signatures of driver on the bilty (transport way bill) of the consignment and the above consignment was not entered into booking register. The above truck carrying cartridges in a concealed manner came on 13-11-2001 and stopped in front of the PCO of Santosh Jaiswal, an associate of the petitioner. Under the direction and in presence of the petitioner, Santosh Kumar Jaiswal got the bags of the cartridges unloaded and kept the same in a shop. On 15-11-2001, the above cartridges were sent to village Parsa Malik in Jeep No. UP-53-G-4887 through its driver Wasi Ullah. Out of the above cartridges 1550 cartridges kept in a bag were recovered from Pramod Yadav, the associate of the petitioner and other associates of the petitioner were successful in taking three bags to Nepal. It was also found during investigation that the above cartridges were sent to R.C. Sharma, the Chief of the Mao Terrorist Organization at Butbal (Nepal) from where it was to be sent to the Maos for their terrorist activities. During investigation the above case was altered under Sections 125, 419, 420, 468, 471 and 120-B, IPC.

(3.) Witnesses Chandra Badan Yadav, Akeloo Yadav, Vinod Jaiswal, Rajan Jaiswal, Lakkhi, Shri Krishna Singh and Sub-Inspectors Rama Shankar Yadav, Shyam Bihari Dubey and Ramjeet Yadav were interrogated during investigation. From the materials on record the District Magistrate was satisfied that the petitioner was indulged in the activities of organizing Mao Terrorist activities in India and instigating the Nepalese, living in India to join the same. Not only this the petitioner was also Cashier of Indo Nepal Ekta Samaj and his aim was to assist Mao Terrorist to capture power in Nepal and the petitioner also organized the activities of Mao Terrorists in India, through RC Sharma, the Chief of Nepal Mao Organization. The petitioner had also connection with the terrorist activities of Mao, MCC, ULFA and JKLF terrorist organizations which had committed mass murders in various States of India. A sense of terror, panic and insecurity was also created in the people of Indo Nepal Border due to Mao terrorists activities and supply of arms to the above organizations by the petitioner and his associates.