MINNA Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) BY means of this Habeas Corpus Writ Petition the petitioner has challenged the detention order dated 7.7.2014 passed by the respondent No. 3/District Magistrate, Firozabad while exercising his powers under Section 3(3) of the National Security Act, 1980. The petitioner has also prayed for releasing him forthwith. We have heard learned counsel for the petitioner and learned AGA appearing for all the respondents and have perused the records.

(2.) LEARNED counsel for the petitioner has submitted that the petitioner is a student and young man aged about 23 years. He has no criminal antecedent and apart from the present case no other criminal case is registered against him, but the respondent No. 3, only on the basis of reports of some newspapers, has passed the detention order against the petitioner. The State Government has also wrongly ratified it without application of mind. Hence he has prayed that both the orders be quashed.

(3.) ON 2.6.2014 at about 11.40 three persons were arrested by the police including the present petitioner from whose custody a country made pistol of 315 bore and two live cartridges of 315 bore were recovered. The applicant confessed that the country made pistol recovered from his pocket by the police was the same which was used by him in the murder of the deceased Vinay Yadav.