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2016 Supreme(All) 315

BALA KRISHNA NARAYANA, NAHEED ARA MOONIS
DABLU RAI @ DILIP RAI – Appellant
Versus
STATE OF U. P. – Respondent


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.

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 th




































































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