- (1.) Heard Sri Satish Trivedi, Senior Advocate, assisted by Sri Sheshadri Trivedi and Sri Vikash Tripathi, learned counsel for the petitioner, learned A.G.A. for the State of U.P. and Sri C.S. Chaturvedi, learned counsel for the Union of India. This Habeas Corpus writ petition has been preferred by the petitioner Pawan Kumar Shukla with the following prayers: 1. a writ, order or direction in the nature of Habeas Corpus directing the release of the petitioner forthwith from Central Jail, Naini, Allahabad. 2. a writ, order or direction in the nature of Certiorari for quashing the impugned order dated 20.3.2014 being order No. 09/2014, passed in exercise of powers under Section 3(3) of the National Security Act, 1980 and under Section 3(2) of the National Security Act, 1980, by the District Magistrate, Allahabad. 3. Any other writ, order or direction which this Hon'ble Court may deem, fit just and proper in the circumstances of the case to meet the ends of justice and, 4. Award costs of this petition to the petitioner.
(2.) The facts, in brief, of this case are that the impugned order dated 20.3.2014 has been passed by District Magistrate, Allahabad in exercise of powers conferred under Section 3(2) of the National Security Act (hereinafter referred to as N.S.A.) by which the petitioner has been detained in Central Jail, Naini, Allahabad as ordinary prisoner on the grounds that on 24.9.2013, the petitioner was apprehended by A.T.S. Unit of Varanasi headed by the I.O. Sri Ashwani Kumar Chaturvedi, Sub Inspector, on search made by Sub Inspector Sri A.K. Chaturvedi, counterfeited 250 currency notes, each was having the denomination of Rs. 500/- were recovered from the possession of the petitioner, on interrogation made by the police, the petitioner and his associates Deepak Mandal made a confessional statement before the police that they were involved in circulation of counterfeited currency notes as a genuine currency amongst the public to get the personal economic gain. They also disclosed the fact that they had used a counterfeited currency note of the denomination of Rs. 500/- in purchasing the railway ticket from new Farrukha Junction station, it has also been admitted that the circulation of currency notes have been made at different places of country. It has also been disclosed that the counterfeited currency notes, after manufacturing from Pakistan is supplied to India through their agents via Bangladesh with intention to shatter economic system of the country. In pursuance of the conspiracy hatched by neighbouring countries waging economic war against the country. In this regard the FIR against the petitioner and others was registered on 14.9.2013 in case crime No. 211 of 2013 under Section 489B, 489-C, 420 I.P.C., Police Station Shivkuti, District Allahabad. The recovered currency notes from the possession of the petitioner were sent to Public Analyst, according to Public Analyst report dated 2.12.2013, all the recovered currency notes were counterfeited. After completing the investigation, the I.O. submitted the charge-sheet in the Court against the petitioner, in such a circumstance, the petitioner had made an attempt to disturb the economic system of the country and the act done by the petitioner is prejudicial to the maintenance of supplies and services essential to the community, it was prejudicial to security of the State also. The petitioner was detained in Central Jail Naini, Allahabad, he had moved his bail application before Hon'ble High Court and there was a real possibility of releasing the petitioner on bail and there was likelihood of indulging in commission of further prejudicial activities, after releasing on bail. Therefore, the detaining authority was of the view that the detention of the detenu was required in order to prevent him from acting in a manner prejudicial to maintenance of supplies and services of essential to the community.
(3.) The impugned detention order has been passed on the basis of the detailed report submitted by the sponsoring authority, the copy of impugned order and the grounds of detention alongwith all connected documents forwarded by the District Magistrate vide order dated 20.3.2014 and were supplied upon the petitioner in jail on 20.3.2014, the same were forwarded to the State Government on 20.3.2014, which were received on 21.3.2014, after examining other aspect of the case, the State Government approved the order of detention on 27.3.2014. Its communication was made to the petitioner through State Government radiogram and letter, both dated 27.3.2014. The copy of detention order, the grounds of detention and all connected documents received from District Magistrate, Allahabad were sent to the Central Government by the State Government through Speed Post dated 28.3.2014 and by means of letter dated 27.3.2014.;