NEERAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Avinash Chandra Srivastava, learned counsel for the petitioner and Sri Jitendra Prasad Mishra, learned counsel for the Union of India and Sri Vikas Sahai, learned AGA for the State and perused the materiel available on record.

(2.) This Habeas Corpus Writ Petition has been filed by the petitioner with a prayer to issue a writ, order or direction in the nature of Habeas Corpus commanding the respondents to set at liberty forthwith, the petitioner-Neeraj, who is detained in District Jail, Gautambudh Nagar, as per order dated 28.08.2015passed by the District Magistrate, Gautambudh Nagar (respondent no.3) in exercise of power under Section 3 of the National Security Act, 1980 (hereinafter referred to as the 'NSA') and also to quash the above order.

(3.) Facts giving rise to the present petition are that the petitioner-Neeraj was arrested by the police of P.S.-Ecotec-III, Gautambudh Nagar along with his two associates namely Raju @ Abid and Ajay Singh while going on a motorcycle and scooty on 16.07.2015 and counterfeit currency of Rs. 2,94,000/- in total were recovered from their possession. All the three accused persons belongs to District Mainpuri, U.P., Katihar, Bihar and Farrukhabad, U.P. respectively but at the time of arrest petitioner-Neeraj and co-accused Ajay Singh were residing at Sector 5, Gurgaon in front of S.B.R. School and Raju @ Abid was found residing at Sector 49, NOIDA. The police registered a case at Crime No. 240 of 2015, under Section 489B/489C IPC. The investigation was in progress on the date of detention order dated 28.08.2015.