U.S.TRIPATHI, J. - (1.) The petitioner has filed this writ petition challenging his detention order dated 26-7-2002 passed by District Magistrate, Jhansi, respondent No.2, under S. 3(2) of National Security Act.
(2.) The grounds of detention served on the petitioner along with detention order (Annexure S.A.-1 to the supplementary affidavit) disclosed that on the night of 4/5-6-2002 at about 12.30 a.m. 10-12 armed persons of Dhan Singh gang with which the petitioner was associated, came to the site of contractor Jagdish Rai. Driver Sonu, Cashier Sanjai and Foreman Laxmi were sleeping. The persons of the gang enquired from Chaukidar Sitaram as to who were residing there and slapped him. They also looted cash of Rs. 10,000.00 by breaking open the almirah, the money of the workers and their clothes. They also kidnapped Sanjai, and Gopi Cashier and worker respectively for purposes of ransom. The persons of the gang also removed air of the wheels of the jeep and also took away its key saying that the above persons would be released on payment of Rs. 80 lac and in case report is lodged, they would kill all of them. Jagdish Rai lodged report of the occurrence on 5-6-2002 at 12.10 on the basis of which a case at Crime No. 193 of 2002 under S. 364, I.P.C. was registered. The persons of the gang took Gopi and Sanjai in the jungle of Orchha and kept the above kidnapees at different places. The petitioner was visiting the said gang for negotiating the release of the kidnapees. Ultimately negotiation with proprietor of G.S. Company was settled for Rs. 3 lacs. The petitioner and co-accused-Bhaiyan went in the jungle of Orchha on 17-6-2002 with ransom money of Rs. 2,10,000.00 and negotiated the release of kidnapees with Dhan Singh gang. On getting Rs. 2,10,000.00 the kidnapees were released at about 8 p.m. near railway station. Baruwa Sagar from where they were taken on utility vehicle of G.S. Company.
(3.) On account of kidnapping of the workers of the G.S. Company in a dare devil manner, the persons working in the company were terrorised and a sense of fear and insecurity was created amongst them. Due to fear of the petitioner and his gang it could not be mentioned in the report that a sum of Rs. 80,00000.00 was demanded as ransom for release of the kidnapees. The police of P.S. Babina confirmed the kidnapping by petitioner and his associate gang.;