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2000 Supreme(MP) 300

R.S.GARG
Geeta Sahu – Appellant
Versus
District Magistrate, Shahdol – Respondent


Advocates:
A.K. Soni and Sharad Verma for petitioner:
Ajay Raizada for State; Sanjay Agrawal for respondent No.2.

ORDER

1. By this petition under Article 226 of the Constitution of India the petitioner challenges the correctness, validity and propriety of the Order No. 32/Detention/1998 dated 24/11/98 passed by District Magistrate Shahdol annexed to the petition as Annexure-P/1.

2. By the impugned order the District Magistrate, Shahdol exercising his powers under Sub-section (2) read with sub-section (3) of Section 3 of the National Security Act. 1980 ordered that Pappu @ Radheshyam Teli (husband of the petitioner) be detained and kept in Central Jail, Rewa (M.P.).

3. The petitioner says and submits that the order Annexure-P/1 is patently illegal as it does not take into consideration that out of 14 cases referred in the grounds of detention the petitioner has been acquitted in number of cases and was convicted only in one case in the year 1994 and in the appeal the sentence was reduced to the period already undergone i.e. 97 days and a tine of Rs. 1,000/- was imposed upon him. It is also submitted that item No. 16 of the grounds could not be taken into consideration for detaining the petitioner and similarly grounds No. 17 and 18 are not in relation to offences but were simply Rojnamcha reports










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