LAWS(ALL)-2006-12-154

SAEED Vs. STATE OF U P

Decided On December 15, 2006
SAEED Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) AMAR Saran, J. Heard Shri Manoj Mishra, learned Counsel for the petitioner and Shri Arvind Kumar Tripathi, learned Additional Government Advocate representing the State.

(2.) THIS petition in the nature of habeas corpus has been filed by the petitioner challenging the order of the District Magistrate, Bulandshahr, respondent No. 2 dated 2-2-2006 detaining the petitioner under Section 3 (2) of the National Security Act (hereinafter the NSA ). The said order together with the grounds of detention were served on the Petitioner on the same day, i. e. on 2-2-2006 when the petitioner was confined in the district jail in connection with a case at Crime No. 314 of 2005, under Sections 3/5/8 of Prevention of Cow Slaughter Act (hereinafter the Act ).

(3.) IT was further stated that as a result of the cow slaughter, the normal course of business of the general public was disturbed and on being satisfied by the report of the S. S. P. , Dy. S. P. and in-charge investigating officer, on being satisfied that in order to maintain public order and that there was a likelihood of the petitioner being released on bail, the respondent No. 2 passed the impugned order detaining the petitioner under Section 3 (2) of the National Security Act.