B.K. Narayana, J. - (1.) THE petitioner Pankaj has filed this writ petition with a prayer to issue a writ, order or direction in the nature of habeas corpus commanding the respondents to release the petitioner from their illegal detention in pursuance of the order dated 15.11.2014 and set him at liberty forthwith. Further prayer has been made for quashing the impugned order dated 15.11.2014 passed by respondent No. 3 in the exercise of his power under Section 3 National Security Act, hereinafter referred to as NSA.
(2.) WE have heard learned counsel for the petitioner, learned AGA appearing for the respondents No. 1, 3, 4 and 5 and learned counsel the Union of India/respondent No. 2 and perused the pleadings of the parties. The brief facts of this case are that upon receiving information from the police informer about the illegal activities of the petitioner who was a dare devil criminal and a liquor smuggler engaged in illegal activity of smuggling illicit liquor from Haryana to his village Phugana and selling the same to the residents of the nearby villages, consumption whereof had been endangering the health and lives of the villagers, S.O. - Ved Prakash Giri, S.I. - Sheetal Kumar Sharma, S.I. -Vinod, S.I. Yogendra Singh, Constable 882, Muzammil, Constable 1054 Yogesh Kumar, Constable 1144 Vikrant, Constable 1350 Nitin, Constable 1066 Amt, Constable 953 Pankaj Tomar, Constable Driver Giri Prasad and Head Constable Jaipal Singh of 1 -1/2 Section 23 Battalion D Company left for petitioner's village Phugana in their government and contract vehicles respectively on 22.10.2014. On way to the petitioner's village they met Deepak son of Ram Singh, r/o Kokar pur, P.S. Chajlait, Moradabad and Sri Bobby, S/o. of Rajendra, r/o Nirauli, P.S. Jaarja, District Noida who stopped their vehicles and who after introducing themselves as employees of government country made liquor shop informed them that a fresh consignment of country made liquor had been delivered to Pankaj (petitioner) in his house in village Phugana. Believing the aforesaid information to be true S.H.O. Phugana and other members of his force proceeded towards the petitioner's house in village Phugana, after the information given to them by Deepak and Bobby Singh was confirmed by one Basant and on reaching there they saw the petitioner pushing two plastic boxes into his house. When the members of the police force tried to apprehend him, he ran into his house leaving the boxes behind and started shrieking on which his wife Smt. Archana, and his mother Smt. Rajgiri came out of the house and prevented the police personnel from entering into the petitioner's house by closing its main iron door. From the search of the first box, the police personnel recovered 412 plastic bottles of country made liquor on each of which a label was pasted on which "Raseela Santara, Gram Badhauli, District Ambala, Harayana and for sale in Harayana only" was printed. The search of second box led to recovery of 21 bottles on which also labels of "Raseela Santara" was pasted. The recovered articles were kept back in the same boxes and sealed by the police personnel, who thereafter ordered the petitioner to come out of his house on which he climbed up to the third floor of his house and started hurling abuses at the members of the police force and when they requested him to stop abusing them, the petitioner, his wife and his mother started pelting stones and brick bats at them, exhorting them to go away. When the police again requested the petitioner to stop his activities, he started firing at the members of the police force from his country made pistol which forced them to take steps for saving their lives. In the meantime S.O., Phugana informed the higher police officers about the incident by his mobile phone whereupon S.P. R.A. Sri Alok Priyadarshi, C.O., Budhana and C.O., Phugana, Incharge inspector, P.S. Bhorakalan, Sri Anil Kumar, Incharge Inspector, P.S. -Budhana, Sri Dhananjaya Mishra Incharge Inspector and S.I. Smt. Kusum Bhati along with lady constables arrived at the place of incident with their respective forces. The police officers present on the spot tried to persuade the petitioner through public address system to stop his activities but he was not in a mood to listen to anyone and continued to fire at the members of the police force along with his wife and mother and again exhorted them to go away otherwise they would loose their lives. As a result of firing by them, fear pervaded the village and there was commotion all over. Children and ladies on hearing the sound of the pistol shots got scared and hid themselves in their houses closing windows and doors thereof. As a result of the petitioner's activities public order was totally disturbed. The members of the police force, had to fire tear gas shells and rubber bullets in self defence. In the meantime upon hearing about the incident, S.P. Police (Crime) and S. P., City also reached the place of occurrence and tried to cajole the petitioner and his relatives to surrender but they continued to pelt stones and fire at the members of the police force. In the meantime Incharge Inspector, P.S. -Khatauli Sunil Kumar Tyagi and S.H.O., Mansoorpur, Yogesh Sharma along with their forces also reached the place of occurrence. The petitioner on realizing that his house had been surrounded by the members of the police force from all sides, agreed to surrender. However taking advantage of the on going talks between the petitioner and the members of police force, his wife and mother stealthily climbed down from the roof of their house and managed to escape. However, the petitioner was arrested by the members of police force on the spot. In the incident several police personnel received injuries. The personal search of the petitioner by the police lead to recovery of 12 bore country made pistol and four live cartridges of 12 bore and 6 live cartridges of 315 bore from the right and the left pockets of his shirt. The police force recovered another country made pistol of 315 bore from the roof of the petitioner's house apart from five empty cartridges of 315 bore and five live cartridges of 12 bore bullets. The recovered items were packed and sealed separately and recovery memo was prepared on the spot. On the basis of the First Information Report lodged by S.O. - Ved Prakash Giri, case crime No. 181 of 2014 under Sections 307, 504, 506, 323, 353, 336, 34 IPC, case crime No. 182 of 2014 under Section 25 Arms Act and case crime No. 183 of 2014 under Section 60 of Excise Act were registered against the petitioner, his wife and his mother at P.S. Phugana, District Muzaffarnagar and the petitioner was sent to District Jail, Muzaffar Nagar.
(3.) WHILE the petitioner was in District Jail, Muzaffar Nagar on account of his being accused in the aforesaid criminal cases, he was served with the impugned order dated 15.11.2014 passed by respondent No. 3 in the exercise of his power under Section 3(3) of the N.S.A. along with the grounds of detention under Section 8 of the N.S.A. on the same day.;