INDU MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Abftve writ petitions have been filed separately by each of the petitioner for quashing their detention order dated 1-5-2002 passed by District Magistrate, Allahabad, respondent No. 4, separately against each of the petitioner under S. 3(2) of National Security Act, herein after called the Act, in order to preventing them from acting in a mariner prejudicial to the maintenance of public order.

(2.) The grounds of detention served upon each of the petitioner separately along with order of detention common in all the writ petitions, stated that on the night of 22/23-1-20012 at about 10.10 p.m. Dr. Deepak Agarwal, Child Specialist was going to his residence from his clinic situate at Mohalla Unchamandi, P. S. Muthiganj, Allahabad, along with his security guard Kamlesh Narain Mishra in his Maruti Zen Car. The petitioner-Ashok Mishra along with his associates Ashok Singh, Dinesh Tewiar alias Pappu Shooter, Sandeep Singh, Amit alias Brijesh Singh and others in order to carry out their criminal conspiracy, kidnapped him (Dr. Deepak Agarwal) along with his Maruti Car at about 10.30 p.m. for ransom. The petitioner-Ashok Mishra and his associates kept kidnaps Dr. Agrawal and his Security Guard Kamlesh Narain Mishra, at the official residence of petitioner-Km. Indu Mishra (Constable) at Police Lines Sultanpur. Her associates demanded Rs. 50 lacs as ransom from the family members of Dr. Agrawal and his relatives on telephone. On the report of Smt. Savita Agrawal, wife of Dr. Deepak Agarwal a case at crime No. 18 of 2002 was registered under S. 364, I.P.C. at 3.10 a.m. on 23-1-2002 at P.S. Mutthiganj, Allahabad. The matter was negotiated at Rs. 30,00000/-, on payment of Rs. 15,10.000/- and promise to pay remaining Rs. 14,90,000/- later on Dr. Agarwal and his security guard were released on the night of 26/27-10-2002 at 11.00 p.m. on Sultanpur Pratapgraph road. Shocks, belt and buckle of Security Guard Kamlesh Narain Mishra were recovered from official residence of petitioner-Km. Indu Mishra, on 3-2-2002 on the pointing out of petitioner - Indu Mishra, a sum of Rs. one lac, share of ransom money, was recovered by the Investigating Officer. A sum of Rs. 8.800/-, share of ransom money, was recovered from petitioner-Jagdamba Prasad Pande and he told that he had spent Rs. 1200/-.

(3.) During investigation of above case evidence was collected that telephone (mobile) No. 9838095939 belonged to Dinesh Tewari alias Pappu Shooter and telephone No. 9838054138 belonged to petitioner- Ashok Mishra who talked on said phones after kidnapping and before release of Dr. Agarwal on telephone (mobile) No. 9838067646 purchased from Allahabad, communication was sent to relatives of Dr. Agarwal on mobile phone No. 9038057095 2003 Cri. L. J.(Suppl.)/310 and amount of ransom was settled. Petitioner-Indu Mishra talked with petitioner - Ashok Mishra from telephone No. 27348 on mobile phone No. 9838054138, time and again.