SATISH SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE detenu petitioner Satish Sharma has challenged his detention under Section 3 (3) of the National Security Act passed by District Magistrate, Allahabad vide his order dated 9.1.12009 (Annexure-1) to this habeas corpus writ petition.

(2.) VIDE Annexure-2, which are the grounds of detention, as was supplied to the petitioner under Section 8 of the National Security Act, in short, the grounds are that the petitioner was indulging in counterfeiting, floating and circulating fake currency notes. On 20.9.2008, S.O. Kareli had caught the petitioner in the house of Liyakat Khan where the petitioner alongwith his associates, namely, Ateequr Rahman alias Ateeq Kirana, Shamsul Haq, Shams-A-Tabraj alias Sameer were preparing fake currency notes. Alongwith fake currency, the apparatus computers, printer etc. were also recovered. Further grounds are that prepared said fake currency notes were being floated in the market with the help of Firoz Ansari alias Gullu and Jaanu. Further it is mentioned that the cars, which were being utilized by the petitioner and his associates were also stolen ones. It was further revealed that the motorcycles of two other socio criminises, namely, Firoz Ansari alias Gullu and Jaanu were also stolen. All the motorcycles having registration number U.P. 70 AJ-8268, U.P. 70 AE-1333 and U.P. 70 AM-3579 were seized by the police. At the pointing out of the petitioner and his associates, police had come to Munna Colony, Gaus Nagar where the raiding police force had arrested other co-accused Firoz Ansari alias Gullu and Jaanu. From their possession also fake currency notes were recovered alongwith the above mentioned motorcycles. In respect of the illegal activities and crime committed by the petitioner, Case Crime No. 156 of 2008, under Sections 418, 420, 467, 468, 472, 489B, C, D and E, I.P.C., Crime No. Nil of 2008, under Sections 41 and 411, I.P.C. were registered. The petitioner was arrested and was lodged in Central Jail, Naini. Recovered fake currency notes were got examined from Reserve Bank of India, Kanpur Nagar, which established the fact that the recovered currency notes were counterfeited. Charge-sheet, therefore, was laid against the petitioner and other accused persons for committing the aforesaid crimes.

(3.) THE detention order alongwith the grounds thereof were served on the petitioner on the same day in Central Jail, Naini where he was incarcerated. State Government approved the detention order under Section 3 (4) of the National Security Act, on 16.1.2009.