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2003 Supreme(All) 1170

S.K.AGARWAL, V.S.BAJPAI
INAM – Appellant
Versus
STATE OF U P – Respondent


Advocates Appeared:
B.N.Singh, Sushil Shukla,

S. K. AGARWAL, J.

This petition was preferred by this petitioner Inam against the order of detention dated 21-5-2002 passed under Section 3 (2) of the National Security Act, 1980 (hereinafter called as nsa ). The petitioner along with his companion, namely, Meharban were arrested on 23-5-2002 while they were waiting for the poor, protected animals, in the Shivalik Range Sanctuary to fall pray to the trap laid by them. They had fire-arms in their possession. Earlier on 22-5-2002 the Forest Officer, Mohand Range, Shivalik, P. S. Biharigarh, Sri Mahendra Singh Yadav, had sent a letter to S. O. P. S. Biharigarh, pointing out that in his protected forest region for the last few days some armed persons were cited. He suspected them to be either forest wood smugglers or poachers. Their activities created panic and fear amongst the residents of the area as also amongst the forest staff. These people fear entering into the jungle. An enquiry was conducted by a Head Constable of P. S. Biharigarh accompanied with force and the suspicion of the Forest Officer was found to have substance.

2. As earlier discussed, on 23-5-2002 the petitioner was arrested along with Meharban when they were in the
















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