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2008 Supreme(MP) 1027

SANJAY YADAV
SANTOSH SHARMA – Appellant
Versus
STATE OF M P – Respondent


Advocates Appeared:
G.P.SINGH, Vijay Pandey,

Judgment

( 1. ) CHALLENGE in the present writ petition filed under Article 226/227 of the constitution of India is to an order of detention passed by the respondent No. 2, the District Magistrate, Hoshangabad on 5-1-2008, Annexure P-l and affirmed in appeal by order dated 22-4-2008, Annexurep-3. The order has been passed in exercise of powers under Section 3 (2) (3) of the National Security Act, 1980 on the ground that the activities of the petitioner being prejudicial to the maintenance of the public order.

( 2. ) THE order of detention is an outcome of a letter dated 29-12-2007 by the Superintendent of Police, Hoshangabad requesting the District magistrate, Hoshangabad for taking an action against the petitioner because the increasing criminal activities of his has caused an imminent danger to the tranquility of public peace and social order in the society. The District magistrate in exercise of his power under Section 3 (2) (3) of the National security Act, 1980 passed the detention order and communicated the reasons whereof on 5-1-2008 to the petitioner under Section 8 of the Act of 1980. Thereafter, the State Government on the basis of the report furnished to it by the Advisory














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