ABHAY KUMAR SRIVASTAVA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The petitioner has filed this writ petition for quashing his detention order dated 23-9-2002, passed by District Magistrate, Gorakhpur, respondent No. 2, under S. 3(2) of the National Security Act.

(2.) The grounds of detention served on the petitioner along with the order of detention disclosed that the petitioner was a criminal minded person and was indulged in criminal activities since 1994. He along with his associates was acquiring money by illegal means. Five cases of murder, robbery and possession of illegal arms were registered against him in district Gorakhpur. Vinod Kumar Tiwari was close associate of the petitioner, who was helping him in his criminal activities. Several cases of dacoity and possession of illegal arms were also registered against the petitioner in neighboring district of Basti and Sant Kabir Nagar. Criminal history of the petitioner showed that he was indulging in criminal activities since 1994.

(3.) On 22-7-2002 at about 10.45 a.m. at Mohalla, Ismailpur, P.S. Kotwali, District Gorakhpur, the petitioner along with his associates Vinod Kumar Tiwari and Rajendra Prasad Nishad alias Balwant in pursuance of their previous conspiracy on the point of pistol robbed a sum of Rs. seven lac from Shri Krishna Chandra Jalan and his servant Ram Dev Nigam on the point of pistol near Ramesh Book Depot which he was carrying in two bags to deposit in Punjab National Bank, Bank Road, Gorakhpur on his vespa scooter UAA-6334. The above money belonged to M/s. Tebriwal Traders, M/s. Manglam Agro Industries and M/s. Chhotey Lal Parmeshwar Lal. The bundles of currency notes were bearing stamp of Chhotey Lal Parmeshwar Lal on both sides. The petitioner and his associates had gone to the spot on red coloured Suzuki Smurai Motor Cycle, bearing Registration No. UP 53-K-1623. After committing robbery the petitioner and his associates ran away on the above motor cycle, which was already start. During course of robbery the associates of the petitioner were carrying country made pistol and also caused injuries to Ram Dev Nigam with butt of pistol. The report of the incident was lodged by Shri Krishna Chandra Jalan at P.S. Kotwali on 22-7-2002 at 11.10 a.m. on the basis of which a case at Crime No. 349 of 2002 under S. 394, I.P.C. was registered against the petitioner. The above case was subsequently converted under Ss. 395, 397, 412, 120-B and 201, I.P.C.