GULZAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN this writ petition filed under Article 226 of the Constitution of India, the detenu challenges the order Annexure P-1 passed under section 3 read with section 14-A of the National Security Act, 1980 (as amended upto date) passed by the District Magistrate, Amritsar, on 27-10-1988, ordering the detention of the petitioner on the ground that he is likely to indulge in prejudicial activities and to prevent him from acting in any manner prejudicial to the security of the State and maintenance of public order and interfering with the efforts of the Government in coping with the terrorists and disruptive activities.

(2.) A brief resume of facts relevant for the disposal of this writ petition is that on the basis of secret information, S.I. Gajan Singh of Police Station Ramdas arrested the petitioner on 26-4-1988. The petitioner on interrogation got recovered one A.K. 47 rifle along with 25 live cartridges. A case under section 25 of the Arms Act read with section 3/4 of the Terrorist and Disruptive Activities (Prevention) Act was registrered against the petitioner at Police Station Ramdas. During interrogation, the detenu also admitted that he was indulging in the smuggling of fire-arms from Pakistan and that this gun was brought by him from Pakistan for supplying the same to Malkeet Singh Ajnala who had already given him Rs. 10,000.

(3.) IN reply filed by respondents No. 1 and 2 it is maintained that the detention order was passed by, respondent No. 2 after full application of mind and keeping in view the future propensities of the detenu to indulge in acts prejudicial to the security of the State and maintenance of public order.