KUMAIL Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Ms. Zia Naz Zaidi for the petitioner; Sri Deepak Mishra, learned AGA, for respondents 1, 2 and 3; Smt. Raj Kumari Devi for respondent no.4 and perused the record.

(2.) This habeas corpus petition seeks release of the petitioner, Kumail son of Anjum, currently in detention at District Jail Aligarh, after quashing the detention order dated 14th January, 2019, passed by the District Magistrate, Aligarh (for short DM) in exercise of his power under Section 3(2) read with Section 3(3) of the National Security Act, 1980 (for short Act, 1980).

(3.) A perusal of the record, in particular the return filed on behalf of Superintendent District Jail, Aligarh (third respondent), would reveal that the detenu was admitted in District Jail, Aligarh on 03.11.2018, pursuant to remand order, dated 3.11.2018, issued by the Chief Judicial Magistrate, Aligarh in case crime no.716 of 2018 under sections 147, 148, 149, 302, 504, 506, 120-B, 34 IPC, P.S. Civil Lines, District Aligarh; and, thereafter, another remand was obtained on 15.11.2018 for keeping him in custody also in case crime no.746 of 2018, under section 3/25 Arms Act, P.S. Civil Lines, Aligarh. While in judicial custody in connection with the above two cases he was served with the impugned detention order.