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2006 Supreme(All) 3250

IMTIYAZ MURTAZA, AMAR SARAN
SAEED – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates appeared:
Manoj Mishra for the Petitioner; Arvind Kumar Tripathi, A.G.A. for the State.

JUDGMENT

Hon’ble Amar Saran, J.—Heard Shri Manoj Mishra, learned Counsel for the petitioner and Shri Arvind Kumar Tripathi, learned Additional Government Advocate representing the State.

2. This petition in the nature of habeas corpus has been filed by the petitioner challenging the order of the District Magistrate, Bulandshahr, respondent No. 2 dated 2.2.2006 detaining the petitioner under Section 3(2) of the National Security Act (hereinafter the NSA). The said order together with the grounds of detention were served on the petitioner on the same day, i.e. on 2.2.2006 when the petitioner was confined in the district jail in connection with a case at Crime No. 314 of 2005, under Sections 3/5/8 of Prevention of Cow Slaughter Act (hereinafter the Act).

3. The basic grounds for detaining the petitioner were that on receipt of information that the petitioner had slaughtered a cow, the Station Officer of Police Station Anoopshahr, district Bulandshahr visited the house of the petitioner at 5.45 a.m. and the petitioner and his two associates were apprehended with a slaughtered cow. The beef of a slaughtered cow and a live cow were found at the spot. When the news of the slaughter spread




























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