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2004 Supreme(SC) 1113

ARIJIT PASAYAT
State Of U. P. – Appellant
Versus
Sanjai Pratap Gupta @ Pappu – Respondent


Judgment

Arijit Pasayat, J

( 1 ) LEAVE granted.

( 2 ) RESPONDENT No. 1-Sanjai Pratap Gupta @ Pappu (hereinafter referred to as the detenu) was detained pursuant to an order of detention passed under Section 3 (2) of the National security Act, 1980 (in short the act ). The order dated 23. 12. 2002 was served on the detenu on that day itself. According to the order and grounds of detention, the activities of the detenu were considered to be prejudicial to public order. Specific reference was made to an incident dated 13. 10. 2002. One Anand kumar Jain lost his life because of the firing done by the detenu and his associates. Attempt to take away the life of one Ajay Kumar Jain, son of aforesaid Anand Kumar Jain was made, but luckily he had escaped. Case was registered for commission of offences punishable under sections 302 and 307 of the Indian Penal code, 1860 (in short the ipc ). Reference was also made to several earlier incidents which according to the detaining authority highlighted the criminal antecedents of the detenu and as to how he was creating a sense of terror in the minds of the general public. With a view to prevent him from committing similar prejudicial acts and to ma


















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