K.S.Verma, J. - (1.) This writ petition is directed against the order dated 13-4-1982 passed by District Magistrate, Kheri under Section 3 of the National Security Act by which the petitioner has been detained in the district jail, Kheri. The order was passed on the satisfaction of the District Magistrate to the effect that in order to prevent the petitioner from acting in a manner prejudicial to the maintenance of supplies and services essential to the community, the detention of the petitioner was necessary.
(2.) The order and grounds of detention were served on the petitioner in the district jail, Kheri. A perusal of the grounds of detention would show that there were four grounds which were the basis of the order of detention. These may be summarised as below: (a) On 19-3-1982 at 11.20 A.M. a written report was lodged at Police Station Mitauli, district Kheri by one Sri B. P. Shukla, Junior Engineer, State Electricity Distribution Division (ii). Lakhimpur Kheri in which it was stated that a theft was committed in the godown on 8-3-1982 at about 4.00 in the evening and four drums of AC, SRC Aluminium Electric Wire (32.8 Kilometer in length) and 182 pieces of n KV Pin Insulators had been stolen. These were removed on truck No. UPI 8705. The Value of the stolen goods was stated to be Rupees l,20,000/-. Crime Case No. 30/1982 under Section 379 I.P.C. was registered on the basis of the said report at Police Station Mitauli district Kheri and investigation of the case was taken up by S. I. Sri V, D. Singh. During the course of investigation, driver of the aforesaid truck, namely, Sri Ram Swaroop was interrogated and he disclosed that the stolen goods had been kept in the petitioner's godown situated at Basanti Nagar, police station, Juhi, Kanpur. Consequently, S. I. Sri V. D. Singh, along with Sri B. P. Shukla (Junior Engineer/Complainant) and other officials and witnesses went to the petitioner's godown at Basanti Nagar on 21-3-1982 at 10.30 A. M. It is stated that petitioner was present at his godown and that Sri Ram Swaroop, truck driver, on seeing the petitioner, stated that he has supplied two truck loads of electric wire to him. Stolen articles were recovered from the possession of the petitioner. He was arrested and godown of the petitioner containing stolen articles was sealed. (b) On 28-2-1982 at 13.45 hours, one Satya Bhan Singh. Junior Engineer, lodged a report at police station Panchgawan district Kheri that the electric wire which was to be utilised for the installation of 220 KV electric line from Sitapur to Shahjehanpur had been stored at village Govindpur near Jang Bahadur Ganj, police station Panchgawan, district Kheri. In the night of 28-2-1982 at 23.30 hours about 20 persons, who were armed with guns, came there and looted the property. The whole drum containing electric wire was removed on a truck. On this report Crime Case No. 57/1982 under Sections 395/397 of Penal Code was registered at police station Panchgawan, district Kheri, The value of the looted property was stated to be Rs. 80,000/-. This property was also recovered from the petitioner's godown on 21-3-1982 at 21.00 hours in the night. The police took into possession the aforesaid property and sealed it in presence of the petitioner in his godown. The petitioner was produced before Chief Metropolitan Magistrate on 22-3-1982 and a remand was obtained for twenty four hours. During interrogation of the petitioner it was found that the petitioner had participated in the dacoity on the basis of which Crime Case No. 57/1982 under Sections 395/397 of penal Code was registered. The petitioner was brought to Lakhimpur Kheri where he was produced before the Judicial Magistrate on 23-3-1982 and was sent to the district Jail. (c) District Kheri is at present under Rural Electrification Project and that a number of places in the district electric goods including electric wires have been stored for the purposes of installation of the electric lines. The petitioner had looted the aforesaid properties and had stored the same in his godown at Basanti Nagar, police station Juhi, Kanpur for disposal. Petitioner had also purchased the electric wire knowing it to be stolen property. The petitioner, in this way, acted prejudicially to the maintenance of supplies and services essential to the community. (d) The petitioner had already been released in the Crime Case No. 30/1982 under Sections 379/411 of Penal Code by the Sessions Judge, Kheri. His bail application in other case, namely, Crime Case No. 57/1982 under Sections 395/397/412 of Penal Code was pending. It was fixed for hearing on 15-4-1982 in the court of Sessions Judge, Kheri. There was strong possibility of bail being granted to the petitioner in the aforesaid case on 15-4-1982 and that the petitioner would soon come out of the district jail, Kheri. The petitioner was likely to indulge in similar activities in district Kheri which would disturb the essential service of distribution of electricity.
(3.) On the basis of the aforesaid grounds, as stated earlier, the petitioner was detained under the provisions of National Security Act.;