IMPORTANT POINT
There must be a reasonable basis for the detention order, and there must be material to support the same. The Court is entitled to scrutinize the material relied upon by the Authority in coming to its conclusion, and accordingly determine if there is an objective basis for the subjective satisfaction.

JUDGMENT

Bala Krishna Narayana, J.—The petitioner Pankaj has filed this writ petition with a prayer to issue a writ, order or direction in the nature of habeas corpus commanding the respondents to release the petitioner from their illegal detention in pursuance of the order dated 15.11.2014 and set him at liberty forthwith. Further prayer has been made for quashing the impugned order dated 15.11.2014 passed by respondent No.3 in the exercise of his power under Section 3(3) National Security Act, hereinafter referred to as NSA.

2. We have heard learned counsel for the petitioner, learned AGA appearing for the respondents No. 1,3, 4 and 5 and learned counsel the Union of India/ respondent No.2 and perused the pleadings of the parties.

3. The brief facts of this case are that upon receiving information from the police informer about the illegal activities of the petitioner who was a dare devil criminal and a liquor smuggler engaged in illegal activity of smuggling illicit liquor from Haryana to his village Phugana and selling the same to the residents of the nearby villages, consumption whereof had been endangering the health and lives of the villagers, S.O. Ved Prakash Giri, S.I. Sheetal Kumar Sharma, S.I.Vinod, S.I. Yogendra Singh, Constable 882, Muzammil, Constable1054 Yogesh Kumar, Constable 1144 Vikrant, Constable 1350 Nitin,Constable 1066 Amt, Constable 953 Pankaj Tomar, Constable Driver Giri Prasad and Head Constable Jaipal Singh of 1-1/2 Section 23 Battalion D Company left for petitioner’s village Phugana in their Government and contract vehicles respectively on 22.10.2014. On way to the petitioner’s village they met Deepak son of Ram Singh, r/o Kokarpur, P.S. Chajlait, Moradabad and Sri Bobby, s/o of Rajendra, r/o Nirauli, P.S. Jaarja, District Noida who stopped their vehicles and who after introducing themselves as employees of government country made liquor shop informed them that a fresh consignment of country made liqour had been delivered to Pankaj (petitioner) in his house in village Phugana. Believing the aforesaid information to be true S.H.O. Phugana and other members of his force proceeded towards the petitioner’s house in village Phugana, after the information given to them by Deepak and Bobby Singh was confirmed by one Basant and and on reaching there they saw the petitioner pushing two plastic boxes into his house. When the members of the police force tried to apprehend him, he ran into his house leaving the boxes behind and started shrieking on which his wife Smt. Archana, and his mother Smt. Rajgiri came out of the house and prevented the police personnel from entering into the petitioner’s house by closing its main iron door. From the search of the first box, the police personnel recovered 412 plastic bottles of country made liquor on each of which a label was pasted on which “Raseela Santara, Gram Badhauli, District Ambala, Harayana and for sale in Harayana only” was printed. The search of second box led to recovery of 21 bottles on which also labels of “Raseela Santara” was pasted. The recovered articles were kept back in the same boxes and sealed by the police personnel, who thereafter ordered the petitioner to come out of his house on which he climbed up to the third floor of his house and started hurling abuses at the members of the police force and when they requested him to stop abusing them, the petitioner, his wife and his mother started pelting stones and brick bats at them, exhorting them to go away. When the police again requested the petitioner to stop his activities, he started firing at the members of the police force from his country made pistol which forced them to take steps for saving their lives. In the meantime S.O., Phugana informed the higher police officers about the incident by his mobile phone whereupon S.P. R.A. Sri Alok Priyadarshi, C.O., Budhana and C.O., Phugana, Incharge inspector, P.S. Bhorakalan, Sri Anil Kumar, In-charge Inspector, P.S. Budhana, Sri Dhananjaya Mishra In-c