S.NATARAJAN, M.M.DUTT
Sharad Kumar Tyagi – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT
NATARAJAN, J.:— This petition under Article 32 of the Constitution of India has been filed by the petitioner to seek the issue of appropriate writs for quashing an order of detention passed against him under Section 3(2) of the National Security Act (hereinafter the Act) by the State of Uttar Pradesh and for his release from custody. On April 5, 1988 an order of detention was passed against the petitioner under Section 3(2) of the Act, but the petitioner could not be served the order of detention and taken into preventive custody as he was absconding. Consequently he was treated an absconder and resort was had to Section 7(2): of the Act, and a proclamation was obtained against him under Sections 82 and 83 -of the Criminal Procedure Code on May 4, 1988 and the said order was executed on May 5, 1988. Thereafter- the petitioner surrendered himself in Court on July 4, 1988 and he was sent to the District Jail at Meerut where he was served the detention order and the grounds of detention on July 5, 1988.
2. In the grounds of detention three grounds were set out for the detention of the petitioner and they read as follows :-
1. On 8-7-87at about 9.30 P.M. in the night at Kasoa Sa
distinguished : Gulab Mehra v. State of U. P.
followed : State of U. P. v. Kamal Kishore Saini
relied on : Dr Ram Manohar Lohia v. State of Bihar
Arm Ghosh v. State of West Bengal
Nagendra Nath Mondal v. State of West Bengal
Nandlal Roy v. Stale of West Bengal
State of U. P. v. Hari Shankar Tewari
S. K. Kedar v. State of West Bengal
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.