PUSHPENDRA KUMAR BANSAL Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner has challenged the order of his detention passed by the District Mastrate, Muzaffarnagar, dated 6-5-1997 under Section 3 (2) of the National Security Act.

(2.) IN the grounds of detention as background facts it is mentioned that the detaining authority has personal knowledge of the fact that intelligence agency of Pakistan, namely, I. S. I, is con ducting such activities in INdia which are prejudicial to the national security, in tegrity and against maintenance of good relations between the Hindus and Mus lims and also against public order. IN pur suance of such activities, the said intel ligence agency through its agents is getting fire-arms distributed throughout INdia. Haji Anees alias Mota resident of Mohalla Jama Masjid, Police Station Kairana, dis trict Muzaffarnagar and Anees alias Lam-boo also resident of the same place are engaged as chief agents of I. S. I. and are dealing in foreign smuggled arms in Delhi and Northern INdia. The said two persons have been detained by means of orders dated 27-1-1997 and 21-4-1997 passed under the National Security Act.

(3.) IT is further mentioned in the grounds that the petitioner has been working as one of the chief agents of Pakis tani smuggler Tariq in collaboration of Anees alias Mota and Anees alias Lam-boo. Sometimes in March, 1994 and April 1994 twenty pistols of 30 calibre were given by I. S. I, agent Munir to Haji Anees alias Mota and Anees alias Lamboo out of which five pistols were received by the petitioner and he also received twenty-five pistols from Hamid alias Kranti alias Sharif who was an arm smuggler. Similar ly, the petitioner also received twenty pis tols out of forty pistols given by Pakistani arm smuggler Mustaq alias Mota to Haji Anees alias Mota and Anees alias Lam boo. The petitioner has connections with Bashir Ahmad, Akbar Ali and Munir of Pakistan, Mohd. Hasan Podar of Turkey and Ajit Singh alias Jeeta of Jammu and Kashmir and Suleman, Iqbal, Kranti Appan and Pappu of India in order to carry on the I. S. I, activities of destablising the country. According to the grounds, this is confirmed by the fact that on the pointing of Anees alias Lamboo in case crime No. 51 of 1996 illegal arms were recovered from petitioner's arm shop situated in Shamli, district Muzaffarnagar regarding which case crime No. 40 of 1996 under Section 466, I. P. C. and case crime No. 41 of 1996 under Section 3/5/25/30 Arms Act were registered which are under consideration in the Court. After deten tion of Haji Anees alias Mota and Anees alias Lamboo under the National Security Act, now the secret activities of the I. S. I, are being conducted directly through the petitioner and he is having secret meetings regarding which entry was made in G. D. No. 56 at 7. 50p. m. on 25-4-1997 and G. D. No. 62 at 9. 40 p. m. on the same day of police station Snamli, district Muzaffar nagar. The Local Intelligence Unit of Muzaffarnagar had also sent secret infor mation on 20-4-1994 in this respect. With these grounds, the petitioner was detained in order to prevent him from acting in any manner prejudicial to the security of the State and prejudicial to the maintenance of public order.