JUDGMENT

SEN, J. :— The State Government of Uttar Pradesh has preferred this appeal by special leave from the judgment and order of the Allahabad High Court dated October 25, 1983 by which the High Court issued a writ in the nature of habeas corpus quashing an order of detention passed by the District Magistrate, Moradabad dated November 6, 1982 for the detention of, the respondent under sub-see. (3) of S. 3 of the National Security Act, 1980 on being satisfied that his detention was necessary "with a view to preventing him from acting in any manner prejudicial to the maintenance of public order.

2. It appears that the respondent is alleged to have committed an offence of murder punishable. under S. 302 and of causing disappearance of evidence punishable under S. 201 of the Indian Penal Code, 1860 in connection with the communal riots that occurred in the Moradabad city. On November 6. 1982, the District Magistrate, Moradabad passed the impugned order of detention but it could not be served on the respondent as he was absconding. As required under sub-sec. (4) of S. 3, the District Magistrate forthwith made a report of the fact to the State Government of Uttar Pradesh that he had pa