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1984 Supreme(All) 117

H.N.SETH, V.K.KHANNA
Rajan Lal Sharma – Appellant
Versus
District Magistrate – Respondent


H. N. SETH, J.

( 1 ) THIS petition under Article 226 of the Constitution by Rajan Lal Sharma is directed against the order passed by the District Magistrate on 21st Oct. , 1983 authorising his detention under the provisions of Section 3 of the National Security Act.

( 2 ) THE petitioner was arrested in connection with a case under S, 395/397 I. P. C. on 25-9-83 and was sent to jail. The impugned order for petitioners detention was passed on 21st Oct. , 1983 and served upon him while he was in jail custody.

( 3 ) THE grounds for detention served upon the petitioner mentioned that on 15th Sept. , 1983 at about 9. 3o A. M. he along with his companions overtook a car going on the National Highway and thereafter committed dacoity in broad day light. As a result of the said dacoity the traffic on the Highway came to halt and lot of panic and tension was created in the locality. The grounds further recited that as the petitioner was likely to be released on bail and to indulge in activities prejudicial to public order, it was necessary to detain him.

( 4 ) LEARNED counsel for the petitioner contends that merely on the basis of a single incident of dacoity, the District Magistrate was not j






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