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1988 Supreme(P&H) 90

M.M.PUNCHHI
Master Partap Singh – Appellant
Versus
State Of Punjab – Respondent


JudgmentJudgment

M.M.Punchhi, J.

1. The District Magistrate, Amritsar, passed an order under Section 3(2) read with section 3(3) of the National Security Act, 1980 , against the petitioner, with a view to preventing him from acting in a manner prejudicial to the security of the State and maintenance of public order. This order was passed by the District Magistrate conscious of the fact that the petitioner was already in judicial custody in cases registered against him and that in his view the petitioner was taking steps to get himself released from custody and there was every likelihood of his being set at liberty and in that event to indulge in prejudicial activities in view of his prima facie propensities towards such activities. It is in this manner that the compelling necessity to pass the detention order was recorded. The grounds of detention are framed as follows :

"........ You frequently go to Pakistan for smuggling purposes and in addition to it, you procure arms and ammunition from Pakistan authorities and then supply the same to the terrorists in Punjab who indulge in killings of innocent persons and also carry out other prejudicial activities. You also supply intelligenc









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