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2018 Supreme(All) 1698

RAMESH SINHA, KRISHNA PRATAP SINGH
Abdullah – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Irfanul Huda, Furquan Ahmad (Alvi)
For the Respondent: G.A., A.S.G.I., K P Pathak

JUDGMENT :

1. Heard Sri Irfan-Ul-Huda and Sri Furquan Ahmad Alvi, learned counsel for the petitioner, Sri Kailash Prakash Pathak, learned counsel for the Union of India, Sri Vikas Sahai, learned Additional Government Advocate for the State and perused the record.

2. By means of this Habeas Corpus Writ Petition the petitioner has challenged the detention order dated 30.08.2017 passed by District Magistrate, Azamgarh-respondent no. 2 which has been passed by him in exercise of his power under Section 3 (2) of the National Security Act, 1980 (hereinafter referred to as the Act) by which the petitioner has been directed to be detained under Section 3 (2) of the National Security Act, 1980.

3. The detention order dated 30.08.2017 passed by the District Magistrate, Azamgarh reads as under:

“On 23.07.2017 at 6:30 a.m. am information was received from the informer (Mukhbir), the In-charge Inspector police Station Ahraula, District Azamgarh along with other police force were reached at the house of Irfan (co-accused) where some persons were involved in the activity of slaughtering the cow and selling beef and when they saw the police personnel, they attacked on them with 'chapar'. Immediately,

























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