G. Malaviya, J. - (1.) PETITIONER, Narendra Kumar was detained by an order dated 31-3-93 passed by the District Magistrate, Nainital under section 3 (2) of the National Security Act. The order of detention states that it was necessary to detain the petitioner with a view to prevent the petitioner from acting in a manner prejudicial to the maintenance of public order.
(2.) THE grounds furnished to this petition indicate that on 12-12-90 at about 9.15 P.M. when one Harbansh Lal was sitting in his factory office, the petitioner along with other police personnels went there and alleged that there was some lead lying in his Godown which was not legally permissible. Harbansh Lal said that he had acquired the lead validly and showed the paper. THE police party did not agree and snatched away Rs. 50,000/- and went away in the Ambassador Car in which they had come. The other ground in support of the ground mentions that the petitioner on 20-1-93 at about 9 00 P.M. along with two other police persons manhandled his follow constable Suresh Chandra Sharma in respect of which a N.C.R. Case No. 21/93 under section 323/504 IPC was lodged at the police station. A copy off the F.I.R. was furnished to the petitioner and it was mentioned that on the basis of the report the S.S.P. was proceeding against the petitioner. The third ground against the petitioner was that on 20-3-93 one Maruti Van bearing No. U.P-7/1718 followed by truck No. UTH 451 approached the check barrier in a high spead. Sub Inspector Anil Kumar Singh and his companion gave signal far Maruti Van and the Truck to stop but the vehicle proceeded, with the result that the barrier was broken by the truck. One of the constables had climbed on the left side of the window of the truck. Ultimately the truck over turned injuring Satyapal Singh, constable from the truck. 135 "guilte" of Khair wood procured illegally was recovered from the truck A report in this connection was lodged and during the investigation of that crime it was found that the petitioner cons'able Narendra Kumar along with two other police constables was sitting in the Maruti Van and were responsible for smuggling out of the Khair wood. The order further says that Narendra Kumar was a resident of Muzaffarnagar, posted in the Armed Police Force of Nainital and after his appointment in the district Nainital had been indulging in the illegal cutting and theft of the Jungle wood from the Tarai area by getting involved along with the notorious smugglers of the Jungle wood, with the result that a dangerous Mafia Gang had become active in the area. From the activities of the petitioner the District Magistrate was satisfied that his detention was necessary with a view to prevent him from indulging and acting in a manner which should be prejudicial and hence the detention order was passed against him.
(3.) WE have heard Sri D. K. Srivastava, learned counsel for the petitioner and Sri A. K Tripathi, learned Additional Government Advocate. Learned counsel for the petitioner contended that there was delay in the disposal of the representation of the petitioner, However, we do not find any merit in this contention. The petitioner had made a representation on 15-4-93 and the counter affidavits have clearly demonstrated that the representation was continuously being disposed of at the district level and also at State Government's level and that ultimately the representation was rejected by the Government on 22-4-93. This contention is therefore of no avail to the petitioner.;