RAM BABOO Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These three petitions have been filed by the petitioners against the order dated 18-6-1992 passed by the District Magistrate, Banda under Section 3(2) of the National Security Act, by which the petitioners have been detained. The detention order says that as it was necessary to prevent the petitioners from indulging in such activity which was prejudicial to the maintenance of supply and services essential to the community, hence the detention of the petitioners had become necessary.

(2.) The grounds of detention furnished to the petitioners indicate that on 19-12-1991 the electric wire insulator, channel and transformer etc. of the govt. tube wells Nos. 54 and 123 of village Nari, police station Pailani, District Banda had been stolen. A First Information Report in respect of the alleged theft was lodged at the concerned police station vide Crime No. 240 of 1991 under Section 379/427 Indian Penal Code and Section 40 Indian Electricity Act. During investigation the petitioners were arrested on 11-6-1992 and from their possession 11 KV line wire and LT leg coil-winding alluminium wire as also LT leg coil winding wire of transformer were recovered and had been kept in gunny bags. The theft of these articles has affected the supply of electricity.

(3.) It is further mentioned that on 17-4-1992 the aluminium electric wire along with insulators falling between tube wells Nos. 17 and 55 from 11 KV electric line had been stolen with the result that government tube wells Nos. 55, 15, 60, 14, 78, 35, 34 and 100 had to be closed down and the electric supply to village Galauli, Gadola, Mawai Ghat, Ghazipur etc. had been disrupted. A first information report in respect of this incident was also registered at police station Jaspura at crime No. 42 of 1992 under Section 379/427 Indian Penal Code and under Section 40 Indian Electricity Act. The investigation of this case also showed the complicity of the petitioners who had been arrested and from them also the stolen articles were recovered. This theft had prejudicially affected the supply and services essential to the community inasmuch as the electric supply as also the water supply had been partially affected by it.