- (1.) Questioning the legality and validity of the order dated 28.4.2015 passed by the District Magistrate, Chandauli, respondent no. 4 directing detention of the petitioner Dablu Rai alias Dilip Rai in exercise of his power under Section 3 (2) of the National Security Act (hereinafter referred to as the 'Act') the petitioner has preferred this Habeas Corpus Writ Petition.
(2.) Some brief facts giving rise to the controversy involved in this writ petition are that while S. H. O. Ram Narain Ram along with his force was on the duty of maintaining law and order in the area on 9.11.2014 in his private vehicle, he received an information from the police informer that several animals were being transported in two vehicles which were coming from Nawrangabad side at Kabai Paharpur and heading towards Bengal-via-Bihar for the purpose of slaughtering. Upon receiving the aforesaid information, S. H. O., Ram Narain Ram promptly informed the police force already present in the area and ordered interception of the aforesaid vehicle, on which S. I. Chhotu Ram along with his force reached Kabai Paharpur at about 2.00 P. M. and when he saw a pick up coming from towards the side of the wine shop, he signaled the driver of the vehicle to stop, on which Ram Bali, driver of the vehicle parked the vehicle and after locking the steering jumped out from the vehicle along with his other companions and ran away. The search of the pick up which bore registration of U. P.-67T-6226, led to the recovery of two cows and one calf who were mercilessly tied and gagged with ropes. The animals were set free by the members of the police force. In the meantime, the driver of the other pick up bearing registration No. 67T-4036, which was allegedly being driven by the petitioner and chased by another police vehicle, which was occupied by S. I. Chhotu Ram, Constable Sumit Singh and Constable Bhanu Kumar Pandey, dashed his van repeatedly against the other police vehicle with the intention of killing it's occupants and as a result, it's incumbents received several injuries and government vehicle bearing registration No. U. P. 67G-0164, was pushed down from the road as a result of the collisions it was also damaged. Upon exhortations of the petitioner that the police personnel were taking away the cattle of the village as well as his vehicle, about 70-80 persons armed with sticks, brickbats and sharp edged weapons reached the place of occurrence and started pelting stones at the members of the police force and as a result of the aforesaid assault, S. I. Chhoturam, Constable Sumit Singh, Constable Bhanu Kumar Pandey, Constable Moin Rhyne and Constable Rang Bahadur Gupta received severe injuries and the government vehicle bearing registration No. U. P.-67G-0164 was also badly damaged. As a result of the aforesaid criminal activity, an atmosphere of panic gripped the village. Shop keepers pulled down the shutters of their shops and residents of the village hid themselves in their houses. Upon enquiry made from the police officers and the police informer, the complicity of the petitioner along with thirty six other accused was fully established. The criminal activity of the petitioner and the other co-accused had disturbed the tempo of the life and in order to restore the law and order in the area following the aforesaid incident, additional police forces had to be requisitioned from the nearby police stations and deployed in the area and it was after considerable effort, normalcy returned in the area. As a result of the aforesaid incident, public order was totally shattered. The daring crime committed by the petitioner and the other co-accused was widely published in several national and local level newspapers namely, Rashtriya Sahara, Dainik Jagran and Amar Ujala with the various captions like "Cattle smugglers attacked the police force and damaged vehicles", "Police force attacked by cattle smugglers" and "Five persons received injuries in the incident of stone throwing by cattle smugglers."
(3.) On the basis of the F. I. R. lodged by the S. H. O., Dhanapur district-Chandauli with regard to the aforesaid incident, Case Crime No. 169 of 2015, under Sections-3/5A/8 of the Prevention of Cows Slaughter Act and Section-11 of the Protection of Animals From Cruelty Act and Case Crime No. 170 of 2014, under Sections-307, 147, 148, 149, 323, 504, 506, 186, 353, 332, 336, 427/34 I. P. C. and Section 7 of Criminal Law Amendment Act and Section 13 of the Prevention of Damages to Public Property Act were registered against the petitioner and 36 other persons and S. I. Suresh Yadav was entrusted with the investigation of the aforesaid case. During investigation the I. O. recorded the statements of Ram Narain Ram (complainant) the then S. H. O., police station-Dhanapur, S. I. Chhotu Ram, Constable Sumit Kumar Singh, Constable Navin Kumar Pandey, Constable Moin Rain, Constable Bhanu Kumar Pandey, Constable Rang Bahadur Gupta and Constable Paramhans Singh. He also brought on record the injury reports of the police personnel who had received injuries in the incident and at the instance of S. I. Chhotu Ram inspected the place of occurrence and prepared the site plan. After completion of the investigation the I. O. submitted chargesheet Nos. 01B/15, dated 24.3.2015 and 02A/15, dated 24.3.2015 against the petitioner and other accused.;