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2016 Supreme(All) 315

ALLAHABAD HIGH COURT
BEFORE : BALA KRISHNA NARAYANA AND NAHEED ARA MOONIS, JJ.
DABLU RAI @ DILIP RAI ....Petitioner
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Habeas Corpus Writ Petition No. 45364 of 2015, decided on 9th March, 2016)

Advocates:
Counsel :
Manoj Kumar Singh, Dhirendra Kumar Srivastava, Chandrakesh Mishra and Daya Shankar Mishra for the Petitioner; A.G.A., A.S.G.I.(2015/1709) and N.D. Rai for the Respondents.

Headnote:National Security Act, 1980 – Section 3 (2) – Preventive detention – Detention order was passed on 28.4.2015 in respect of an incident which had occurred on 9.11.2014, after more than five and half months – On date of passing of order of detention, petitioner had been granted bail in both cases referred to in detention order but on account of non-availability of sureties, petitioner was in jail when detention order was served – Proper course open to authority was to move higher Courts for cancellation of petitioner’s bail rather than circumventing orders of granting bail to petitioner – There is no live link of incident dated 9.11.2014 with detention order dated 28.4.2015 – Impugned order quashed. [Paras 38, 39 and 41]

       Result; Petition Allowed.

JUDGMENT

Hon’ble Bala Krishna Narayana, J.—Questioning the legality and validity of the order dated 28.4.2015 passed by the District Magistrate, Chandauli, respondent No. 4 directing detention of the petitioner Dablu Rai alias Dilip Rai in exercise of his power under Section 3 (2) of the National Security Act (hereinafter referred to as the ‘Act’) the petitioner has preferred this Habeas Corpus Writ Petition.

2. Some brief facts giving rise to the controversy involved in this writ petition are that while S.H.O. Ram Narain Ram alongwith his force was on the duty of maintaining law and order in the area on 9.11.2014 in his private vehicle, he received an information from the police informer that several animals were being transported in two vehicles which were coming from Nawrangabad side at Kabai Paharpur and heading towards Bengal-via-Bihar for the purpose of slaughtering. Upon receiving the aforesaid information, S.H.O., Ram Narain Ram promptly informed the police force already present in the area and ordered interception of the aforesaid vehicle, on which S.I. Chhotu Ram alongwith his force reached Kabai Paharpur at about 2.00 P. M. and when he saw a pick up coming from towards the side of the wine shop, he signaled the driver of the vehicle to stop, on which Ram Bali, driver of the vehicle parked the vehicle and after locking the steering jumped out from the vehicle alongwith his other companions and ran away. The search of the pick up which bore registration of U.P.-67T-6226, led to the recovery of two cows and one calf who were mercilessly tied and gagged with ropes. The animals were set free by the members of the police force. In the meantime, the driver of the other pick up bearing registration No. 67T-4036, which was allegedly being driven by the petitioner and chased by another police vehicle, which was occupied by S.I. Chhotu Ram, Constable Sumit Singh and Constable Bhanu Kumar Pandey, dashed his van repeatedly against the other police vehicle with the intention of killing it’s occupants and as a result, it’s incumbents received several injuries and Government vehicle bearing registration No. U.P. 67G-0164, was pushed down from the road as a result of the collisions it was also damaged. Upon exhortations of the petitioner that the police personnel were taking away the cattle of the village as well as his vehicle, about 70-80 persons armed with sticks, brickbats and sharp edged weapons reached the place of occurrence and started pelting stones at the members of the police force and as a result of the aforesaid assault, S.I. Chhoturam, Constable Sumit Singh, Constable Bhanu Kumar Pandey, Constable Moin Rhyne and Constable Rang Bahadur Gupta received severe injuries and the Government vehicle bearing registration No. U.P.-67G-0164 was also badly damaged. As a result of the aforesaid criminal activity, an atmosphere of panic gripped the village. Shop keepers pulled down the shutters of their shops and residents of the village hid themselves in their houses. Upon enquiry made from the police officers and the police informer, the complicity of the petitioner alongwith thirty six other accused was fully established. The criminal activity of the petitioner and the other co-accused had disturbed the tempo of the life and in order to restore the law and order in the area following the aforesaid incident, additional police forces had to be requisitioned from the nearby police stations and deployed in the area and it was after considerable effort, normalcy returned in the area. As a result of the aforesaid incident, public order was totally shattered. The daring crime committed by the petitioner and the other co-accused was widely published in several national and local level newspapers namely, Rashtriya Sahara, Dainik Jagran and Amar Ujala with the various captions like “Cattle smugglers attacked the police force and damaged vehicles”, “Police force attacked by cattle smugglers” and “Five persons received injuries in the inciden




















































































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