Ranganath Misra. J. - (1.) This application under Art. 32 of the Constitution is directed against the order of detention of the petitioner under S. 3(2) of the National Security Act, 1980. The order is dated Sept. 16, 1984, and was made at a time when the petitioner had already been in Mainpuri Jail as an undertrial prisoner in connection with certain pending criminal cases. The grounds of detention were served on the petitioner along with the order of detention. Petitioner asked for certain papers with a view to making an effective representation but when the request was rejected, the petitioner made a representation. The Board did not accept the petitioner's plea. The petitioner's detention was confirmed by the State Government. Thereupon the writ petition has been filed.
(2.) A return has been made to the rule nisi and the detaining authority has justified his order. It may be pointed out that the petitioner had been detained under the same provision by an earlier order dated December 7, 1981. That detention was quashed by the Allahabad High. Court by order dated May 27, 1982, in Writ Petition No. 2649/82.
(3.) Five grounds were advanced in support of the order of detention. They are: (1) An incident of April 16, 1980, when the detenu and the members of his gang came armed with dangerous weapons and committed a dacoity in the house of one Bhudev Sharma on the basis of which Crime No. 72/80 under section 395/197, IPC was registered and the trial was pending; (2) On May 10/ 11, 1980, the detenu along with members of his gang armed with dangerous weapons committed a dacoity at the house of one Munna Lal and a case under S. 396, IPC was pending; (3) On July 4, 1980, the detenu along with others opened fire on a police party with the intention to kill them. When the police finding the detenu and the gang of dacoits accosted them, a kidnapped boy was recovered from the gang of dacoits and a prosecution under Ss. 147, 148, 149, 307 and 364, IPC is pending; (4) The detenu is an active member of the inter-District gang enlisted as No. I.D.64; (5) On January 8, 1983, information was received by the police that a gang of dacoits were present in Village Kapreta. When the police accosted there was exchange of fire as a result of which three dacoits of the gang of the detenu died. Though the detenu was identified he escaped. A criminal case was instituted for offences under Ss. 147, 148, 149, 307, IPC read with S. 25 of the Arms Act and Ss. 5/7 of the Explosives Act but the detenu was acquitted after trial for want of evidence.;