BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ORDER of detention Annexure P2 dated October 28, 1988, under section 3(2) read with section 14A (1) and 14(2) of the National Security Act, 1980 was passed against the petitioner by the Central Government. According to the grounds of detention, Annexure P3, the petitioner alongwith four others named in the grounds of detention were apprehended by a naka party of the police in village Genwal, Police Station Narot Jaimal Singh, District Gurdaspur, on June 28, 1988, while the former were going towards Pakistan. On personal search the petitioner was found in possession of one/32 bore revolver with six live cartridges and some secret documents and maps of army deployment in India. On interrogation the petitioner disclosed that he and his aforesaid companions were going over to Pakistan to bring arms and ammunition for supplying the same to the extremists in Punjab. Incriminating arms and documents were also recovered from other companions of the petitioner. A case FIR No. 32 dated June 28, 1988, was registered against the accused person under various provisions of the Terrorist and Disruptive Activities (Prevention) Act, Arms Act and Official Secrets Act etc.

(2.) THE order of detention, Annexure, Pl, was initially passed by the District Magistrate, Gurdaspur, on October 18, 1988, which, was in turn replaced by the impugned order Annexure P2.

(3.) THE order of detention has been assailed on three main grounds. These are :