MEHAL SINGH @ GHULLA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India, relates to quashment of the order of detention passed by the District Magistrate, Amritsar on April 12, 1988 (Annexure P1). Facts relevant for the disposal of this petition are, that the petitioner was arrested on March 7, 1988 in connection with First Information Report No. 11 dated March 9, 1988 registered at Police Station Ramdas, District Amritsar and while in judicial custody he was served with the impugned detention order. It was further pleaded that impugned order of detention (Annexure P1) was illegal, vague, arbitrary and was liable to be quashed as the same was passed only on basis of a First Information Report which has been registered against some unknown person and that the satisfaction of the Authority passing the said order was not real and genuine and the same was mechanical. It was also alleged that the detention was illegal for non-compliance of the provisions of Section 3(5) of the National Security Act, 1980 (hereinafter referred to as the Act).

(2.) THIS petition has been opposed on behalf of the respondents on the ground that the detention order is legal, valid, proper and the same is based on the following two first information reports :-

(3.) I am fortified in my view by the authoritative pronouncement of the Supreme Court in case Smt. Shashi Aggarwal v. State of U.P. and others, 1988(1) Recent Criminal Reports 579 : AIR 1988 Supreme Court 596, wherein following its earlier authority in case Binod Singh v. District Magistrate, Dhanbad, Bihar and others, AIR 1986 Supreme Court 2090, it was held as under :-