RAJU @ ABID Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner with a prayer to issue a writ, order or direction in the nature of Habeas Corpus quashing the detention order dated 28.8.2015 passed by the respondent no. 3 and the order dated 7.9.2015 passed by the respondent no. 2 approving the detention order (collectively filed as annexure-2 to the writ petition). A further prayer has been made for issuing a writ, order or direction in the nature of Habeas Corpus directing the respondent no. 5 to release the petitioner forthwith.

(2.) The relevant facts giving rise to this writ petition as narrated in the grounds of detention are that on the basis of the F.I.R. lodged by the SHO Echotech-3, district-Gautam Budh Nagar at Police Station-Echotech-3, district-Gautam Budh Nagar, Case Crime no. 240 of 2015, under Sections 489B and 489C I.P.C. was registered against the petitioner and his two other accomplices on the allegation that counterfeit currency notes of Rs. 2,94,000/- (Rs. Two lacs ninety four thousand) were recovered from the petitioner and his two other accomplices on 16.7.2015 when they were intercepted, searched and arrested by the SHO police station-Echotech-3, district-Gautam Budh Nagar and his two companions on the Haldwani Road, Gautam Budh Nagar, while they were going on a motorcycle and a scooty along with counterfeit currency notes. Apart from the aforesaid incident, the counterfeit currency notes of Rs. 2, 50,000/- (Rs. Two lacs fifty thousand) were recovered from one Neeraj and his other accomplices on 13.10.2012 and on the basis of the aforesaid recovery, Case Crime no. 592 of 2012, under Sections 489B and 489C I.P.C. was registered against the petitioner and his other accomplices at police station-Echotech-3, district-Gautam Budh Nagar, in which after completion of investigation charge sheet was submitted against the petitioner and the other co-accused. The aforesaid activities of the petitioner had not only disturbed the public order but had also adversely effected the circulation and supply of Indian currency which is essential for the community. While the petitioner was in District Jail, Gautam Budh Nagar on account of his being accused in Case Crime no. 240 of 2015 was served with the impugned order of detention passed by the respondent no. 3 in the exercise of his power under Section 3(2) of the National Security Act (hereinafter referred to as the "NSA") along with the grounds of detention on 28.8.2015. The petitioner made a representation against the impugned detention order before the respondent no. 1 through respondent no. 5 on 12.9.2015 (annexure-6). The petitioner's representation was rejected by the respondent no. 1 on 27.10.2015. The order dated 23.10.2015 was communicated to the petitioner on 27.10.2015. The representation dated 12.9.2015 moved by the petitioner before the State Government was rejected by the State Government on 22.2.2016. Information whereof was communicated to the petitioner through district authority by the State Government on 23.2.2016. The U.P. Advisory Board, Lucknow approved the detention order on 30.9.2015. The State Government took a decision to confirm the detention order and to keep the petitioner under detention for a period of twelve months from the date of his actual detention, i.e. 28.8.2015.

(3.) The only ground on which the petitioner's counsel has assailed the detention of the petitioner under the N.S.A. is that there was an inordinate and unexplained delay on the part of the respondent no. 3 in forwarding the representation made by the petitioner on 12.9.2015 (annexure-6) to the State Government against the impugned detention order dated 28.8.2015 to the State Government and also on the part of the State Government in deciding the same which has totally vitiated the impugned detention order as the same infringed the fundamental right guaranteed to the petitioner under Section 22(5) of the Constitution of India.