MOOL CHAND Vs. EMPEROR

JUDGEMENT

(1.) This is an application by Moot Chand and others under Section Criminal P.C. These 29 persons were arrested at Roorkee in the district of Saharanpur between 23 and 25 of November 1947. The arrests started in. this manner. An explosion is said to have taken-place in Roorkee in which one Dasoundhi is a said to have been injured. It is also said that Mool Chand applicant was arrested at or near the spot immediately after the explosion on suspicion of having been concerned in it. Dasaundhi took Mool Chand to the thana on 23 November 1947 and made a report under Section 307, Indian Penal Code, and Secs.3 and 4, Ex- plosive Substances Act, 6 [vi. of 1908. Then began an investigation into those specific offences. It is said that Mool Chand made certain disclosures to the police. In consequence of those disclosures and of the investigation by the police into this report of Dasaundhi, the remaining 28 applicants were arrested between the dates given by me above. Two of these others, namely, Dataram and Harpal are also said to have made certain disclosures to the police after their arrest. It is said that the remaining persons were arrested under Section 151, Criminal P.C., which provides for prevention of -an offence, if the police knows that there is a design for committing such an offence.

(2.) Of these 29 persons, ten were remanded for specific offences, while it is not clear how the remaining 19 remained in jail after their arrest. On the 27th November 1947 police made a report against these 19 to the District Magistrate praying that an order of detention for six months be passed against them under the U.P., Maintenance of Public Order (Temporary) Act, 4 [IV. of 1947. On this report an order was passed on 17 December 1947 against these 19 applicants under Section 3 of the Act and they were ordered to be detained for six months. They were also supplied with a copy of the police report, dated 27 November 1947. It was said to contain the grounds of their detention on the same day. Thus there was a compliance with Section 5 of the Act,

(3.) Of the remaining ten applicants, seven were remanded for specific crimes and the remands continued till 16 of December 1947. In their case also, a report was made on 12 December 1947 for their detention under this Act by the police. On 30 December 1947, the Addl. District Magistrate of Saharanpur passed an order under Section 3 against them. They were also served with a copy of the police report in which the grounds were given for their detention on same day. There was thus a compliance with Section 5 of the Act. Of these seven, one namely, Subhash Chandra applicant has since been released and his case need not be considered.