- (1.) THE petitioner is under preventive detention vide the order of the District Magistrate, Varanasi dated 24-5-2006. He has filed the present writ petition for quashing of the above impugned detention order and for setting him at liberty.
(2.) THE petitioner is an accused in case Crime No. 42 of 2006 under Sections 498-B and 498-C IPC, P. S. Jaitpura District Varanasi. THE petitioner in connection with the above case crime was apprehended by the police on 10-4-2006 with fake currency notes of the denomination of Rs. 100/- each amounting to Rs. 10,000/ -. Alongwith the petitioner two other accused persons were also arrested from whom similar fake currency notes of a total of Rs. 30,000/- were recovered. Accordingly, the petitioner is involved in an offence of circulating fake currency notes which has the effect of disturbing the economy of the country. It is said that the petitioner operates through an organized gang in circulating fake currency notes in a planned manner. On account of involvement of the petitioner in the above incident of circulating fake currency notes, the District Magistrate Varanasi on being satisfied that there is every possibility of the petitioner being enlarged on bail in the said case and that he would indulge in the same activity on being released, which would be prejudicial to the maintenance of the supplies and services essential to the community, passed the impugned order of detention against him in exercise of the powers under Section 3 (2) of National Security Act, 1980 (hereinafter referred to as an 'act' ). According to the pleadings on record, the petitioner through Jail Authorities on the very date of the passing of the impugned detention order was served with the copy of the same alongwith the grounds of detention and other necessary papers which were read over and explained to him. The detention order was approved by the State Government on 31-5-2006 and the approval was also duly communicated to the petitioner.
(3.) THE matter was placed before the Advisory Board alongwith the necessary documents. THE Advisory Board heard the petitioner in person and considered his representation on 22-6-2006 and submitted its report with its opinion to the State Government, whereupon, the State Government once again examined the entire case alongwith the opinion of the Advisory Board and decided to confirm the detention order of the petitioner on 20-7-2006 and to keep him in detention for a period of 12 months from the date of his actual detention i. e. 24-5-2006. THE petitioner made a representation dated 30-5-2006 addressed to the District Magistrate, Varanasi, State Government and the Central Government on 1-6-2006 praying for the revoking of the detention order. The representation of the petitioner was considered by the detaining authority i. e. , the District Magistrate and the same was rejected. The decision thereof was communicated to the petitioner on 9- 6-2006.;