JOKHU LAL Vs. SUPERINTENDENT CENTRAL JAIL

JUDGEMENT

(1.) This Habeas Corpus Petition has been filed by the Jokhu Lal who is under detention in pursuance of an order dated 14-9-1993 passed under Section 3 (2) of National Security Act (hereinafter referred to as the Act) with a view to prevent him from acting in any manner prejudicial to the maintenance of supplies and service essential to the community. The order was served upon the petitioner in jail on the same day. The grounds on which the detention order has been passed were also served on 29-7-1993 and they are as under.

(2.) The Station Officer of Police Station Mutthiganj intercepted Truck No. UMG 8399 at about 6.30 p. m. on 23-8-1993 at Balua Ghat crossing in which the petitioner along with some other persons was sitting. The Truck was carrying fourteen bags of different sizes. The bags contained electric-wires of aluminium and copper as well as aluminium windows of railway coaches. The recovered articles showed that the same were government property which were not available in market. The weight of the copper wire was 20 Kgs., 20 Kgs., 85 Kgs., 40 Kgs. and 50 Kgs. in separate bags. Similarly the weight of aluminium wire in four bags was 25 Kgs., 40 Kgs., 85 Kgs. and 65 Kgs., respectively. The petitioner Jokhu Lal, Krishna Kumar Vaishya and Lalta Prasad were arrested while two others managed to make good their escape. On interrogation the petitioner disclosed that he along with his companions was cutting electric wires and transformer's wires from Railway Station and they were also indulging in removing the aluminium windows of railway coaches and were sending these articles to Delhi. It was revealed that Crime No. 96/1993, 100/1993, 144/1993 and 139/1993 all under S. 379, IPC had been registered at P. S. Manjhanpur and Crime No. 426 of 1993 at P. S. Sarai Inayat. Crimes Nos. 317/93 and 318 of 1993 both under S. 379, IPC had been registered at P. S. Pokhraj for cutting electricity transmission wires of the Tubewells. On the basis of the recovery memo, a case was registered as Crime No. 480/1993 under S. 41/411, IPC, S. 3/5, U. P. Electric Wire and Transformer (Prevention and Punishment) Act 1976 and S. 3 Unlawful Possession of Railway Property Act. P. S. Mutthiganj on 23-8-1993.

(3.) The detention order has been passed by the District Magistrate, Allahabad exercising powers under sub-section (3) of S. 3 of the Act and was approved by the State Govt. on 20-9-1993, A report was sent to the Central Government under sub-section (5) of S. 3 of the Act on 26-9-1993. The State Government sent the case before the Advisory Board on 28-9-1993 where the matter was heard on 8-10-1993. The Advisory Board submitted a report dated 14-10-1993 to the effect that there was sufficient cause for the detention of the petitioner and thereafter the State Government confirmed the detention order for a period of one year under S. 12 (1) of the Act on 29-10-1993.