ISHWAR CHAND Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. By means of this Habeas Corpus Petition the petitioner has challenged the detention order dated 30th January, 1999 passed against him by respondent No. 2 (District Magistrate, Bulandshahr) under Section 3 (2) of Na tional Security Act, 1980 and his continued detention thereunder.

(2.) AFFIDAVIT-and counter affidavits have been exchanged between the parties.

(3.) THE grounds further state that on 5-12-1998 the Station Officer of Police Station, Jahangirabad along with other police personnel, informant Sri Sanjeev Kumar Bisaria and the witness Sri K. S. Chaudhari reached Bhaipur Doraha at about 12. 45 p. m. and started checking the passing vehicles. A van was seen coming from the side of Anoopshahar at fast speed but the driver of the same, on spotting the police, tried to turn it back. THE informant and the witness Sri K. S. Chaudhari iden tified that van as having been used in the incident of robbery of 3-12-1998. When the police tried to intercept the van, the occupants thereof opened fire but luckily nobody was hurt. Ultimately, the Maruti Van was surrounded and intercepted. THE present petitioner and Riyaz alias Raj were the occupants of the van and they were arrested who were recognised by the informant and the witness Sri K. S. Chaud hari that they participated in the robbery in question. A firearm with an empty cartridge in its barrel together with two live cartridges came to be recovered from Riyaz alias Raj and an illicit knife was recovered from the present petitioner. From the Maruti van in question bearing Registration No. DL 4-C/b 3411 certain documents were recovered from under the seat which had also been robbed along with the cash of Rs. 5,89,773. 60 p. on 3-12-1998. It is also stated in the grounds that the present petitioner and Riyaz alias Raj confessed their participation in the rob bery in question of 3-12-1998. About the subsequent incident of 5-12-1998 Case Crime No. 297 of 1998 under Section 307, I. P. C. No. 298 of 1998 under Section 25 of the Arms Act and No. 299 of 1998 under Section 25/4 of the Arms Act were registered.