- (1.) R. R. K. Trivedi, J. By means of this habeas corpus writ petition, petitioner, Km. Daljit Lali has questioned the legality of her detention, under Section 3 (2) of the National Security Act, 1980 (hereinafter referred to as the Act) vide order dated 23-6-1999 passed by respondent No. 3, Dis trict Magistrate, Agra.
(2.) ALONG with the impugned order of detention (Annexure III to the writ peti tion) petitioner was also served with the grounds of detention on which respondent No. 3 formed his subjective satisfaction for detaining the petitioner under the Act. The allegations in the grounds in brief are that on 30-3-1999 on the basis of the infor mation received, the Station Officer, Police Station Sadar Bazar arrested Bal Kishan Agarwal and Nasruddin and recovered from them fake currency notes of hundred denomination. On interroga tion from the aforesaid two persons it was revealed that fake currency notes were printed by Sayed Mohd. Nadeem resident of Police Station Civil Lines, District Aligarh and the aforesaid two persons ob tained notes from Sayed Mohd. Nadeem. They also stated that they can get the plant and machinery by which fake notes are prepared recovered. At the pointing out of accused Nas ruddin the police force raided and sear ched the printing press of Syed Mohd. Nadeem on 30-3-1999 itself and recovered various mechanical equipments which were being used in preparation of fake currency notes and coins, fake degrees etc. Report to this effect was lodged in police station. On interrogation of Syed Mohd. Nadeem of Aligarh involvement of petitioner was also revealed that at the back portion of her house at Dehradun printing machine for preparing fake cur rency notes and cutting machine had been installed. On this information raid and search was conducted on petitioner's house at Dehradun on 30-3-1999 itself in which 50 machinery parts and other equip ments were recovered. A case was registered against the petitioner as case crime No. 322 of 1999, under Sections 232/234/235/236/239/241/242/243/420/447/468/471/153-A and 489-A, Indian Penal Code, P. S. Sadar, District Agra. Ambas sador car No. UP 07/8474 and No. Plate GJ-B/4012 and two plates bearing No. BI A/8874 were recovered which was being used in committing crime. Police also recovered Rs. 12,000/- in cash and a bunch of keys. All the articles recovered were deposited in police station Sadar Bazar, Agra vide G. D. Report No. 17 at 11. 30 a. m. on 1. 4. 1999. Her involvement was also found in case crime No. 327 of 1999, under Section 231, 232, 234, 235, 236, 239, 242, 243, 420, 467,468, 471,153-A and 489-A, ABCDE Indian Penal Code, P. S. Sadar, District Agra and case crime No. 611 of 1999, under Section 2/3 of the Gangsters Act, P. S. Sadar, District Agra.
(3.) IT has also been stated in the grounds that petitioner has organisations in various cities of the country and there is a racket for preparing fake currency notes and their circulation in large scale is being done with a view to destroy the economy of the country. The news of recovery of fake currency notes, coins and certificates was published in prominent newspapers like Amar Ujala, Aaj and Danik Jagran. Inves tigating Officer also recorded statements of the various persons connected with transport, accounts and banks from which it came out that circulation of fake curren cy notes has created a problem to them. Long time is consumed at the counter in checking and ascertaining the genuineness of the notes. Same problem is being faced in the banks. The account holders are hesitant in accepting the currency notes and free and smooth flow of commercial activity has been badly affected which is prejudicial to the security of the State and to the maintenance of supplies and ser vices essential to the community. It has been further stated that after arrest petitioner was remanded to judicial custody in District Jail Agra but petitioner was trying hard to obtain bail from the Court. Bail application has been moved before Hon'ble High Court. It has been stated that there is strong possibility of petitioner being released on bail and that after release on bail she shall again indulge herself in similar activities, which shall be prejudicial to the national economy and maintenance of supplies and services es sential to the community. On the basis of the aforesaid detaining authority recorded his subjective satisfaction that in order to prevent the petitioner from acting in any manner prejudicial to the security of the State and for maintenance of supplies and services essential to the community it is necessary to make an order directing that petitioner be detained. Petitioner was also informed that she has a right to make representation to the State Government, Advisory Board and Central Government against her detention and such repre sentation may be sent through the Super intendent of District Jail, Agra. Petitioner was also informed that case shall be referred to the Advisory Board for its opinion and she has a right to be heard personally, if she desires so for this pur pose also a representation may be sub mitted through the jail authorities.;