Vinod Prasad, J. - (1.) THE detenu petitioner Satish Sharma has challenged his detention under Section 3 (3) of the National Security Act passed by District Magistrate, Allahabad vide his order dated 9.1.12009 (Annexure-1) to this habeas corpus writ petition.
(2.) VIDE Annexure-2, which are the grounds of detention, as was supplied to the petitioner under Section 8 of the National Security Act, in short, the grounds are that the petitioner was indulging in counterfeiting, floating and circulating fake currency notes. On 20.9.2008, S.O. Kareli had caught the petitioner in the house of Liyakat Khan where the petitioner alongwith his associates, namely, Ateequr Rahman alias Ateeq Kirana, Shamsul Haq, Shams-A-Tabraj alias Sameer were preparing fake currency notes. Alongwith fake currency, the apparatus computers, printer etc. were also recovered. Further grounds are that prepared said fake currency notes were being floated in the market with the help of Firoz Ansari alias Gullu and Jaanu. Further it is mentioned that the cars, which were being utilized by the petitioner and his associates were also stolen ones. It was further revealed that the motorcycles of two other socio criminises, namely, Firoz Ansari alias Gullu and Jaanu were also stolen. All the motorcycles having registration number U.P. 70 AJ-8268, U.P. 70 AE-1333 and U.P. 70 AM-3579 were seized by the police. At the pointing out of the petitioner and his associates, police had come to Munna Colony, Gaus Nagar where the raiding police force had arrested other co-accused Firoz Ansari alias Gullu and Jaanu. From their possession also fake currency notes were recovered alongwith the above mentioned motorcycles. In respect of the illegal activities and crime committed by the petitioner, Case Crime No. 156 of 2008, under Sections 418, 420, 467, 468, 472, 489B, C, D and E, I.P.C., Crime No. Nil of 2008, under Sections 41 and 411, I.P.C. were registered. The petitioner was arrested and was lodged in Central Jail, Naini. Recovered fake currency notes were got examined from Reserve Bank of India, Kanpur Nagar, which established the fact that the recovered currency notes were counterfeited. Charge-sheet, therefore, was laid against the petitioner and other accused persons for committing the aforesaid crimes. District Magistrate, Allahabad, respondent No. 3 was of the opinion that the activities of the detenu petitioner were detrimental for the economic growth of the country as well as of the society and it was necessary to desist the petitioner from acting in any manner prejudicial to the maintenance of the essential supplies and services essential to the community. Grounds further mentioned that by indulging into a racket of dealing in fake currency notes the petitioner had flouted Ordinance No. 11-15011/1/82 ISDO-11 dated 8.2.1982. It further mentioned that preparation and floating of the fake currency notes pervaded a sense of insecurity in the minds of the public at large. Petitioner had moved a bail application in the aforesaid crime number, which was rejected by Sessions Judge, Allahabad and therefore, he had approached the High Court for being released on bail in the concerned crime. Since the District Magistrate, Allahabad was of the opinion that after being released on bail, detenu petitioner will re-indulge in the illegal activities of racket dealing in the fake currency notes that he ordered for petitioners detention under the National Security Act, exercising power under Section 3 (3) of the said Act vide his order dated 9.1.2009, Annexure -1, which detention order has been challenged by the petitioner in the instant writ petition.
(3.) THE detention order alongwith the grounds thereof were served on the petitioner on the same day in Central Jail, Naini where he was incarcerated. State Government approved the detention order under Section 3 (4) of the National Security Act, on 16.1.2009. After being served with the grounds of detention and other relevant documents, petitioner through Jail Superintendent, Central Jail, Naini, moved a representation on 17.1.2009 to the various authorities including the District Magistrate. The District Magistrate, Allahabad, respondent No. 3, rejected the said representation on 21.1.2009. State Government at its end sent the representation alongwith its comments, grounds of detention and other relevant documents to the Central Government on 19.1.2009 in consonance with Section 3 (5) of the National Security Act. District Magistrate, Allahabad forwarded the representation of the detenu petitioner alongwith his comments to the Central Government and State Government on 21.1.2009. The detenu's representation alongwith the comments of the District Magistrate and other relevant papers was received by the State Government on 23.1.2009. State Government forwarded detenu's representation to the Central Government on 27.1.2009. At it's end the State Government rejected detenu's representation on 1.2.2009. The Central Government, however, rejected the said representation on 9.3.2009 and the fax of the said rejection, through radiogram message dated 11.3.2009, was communicated to the detenu petitioner on the same day.;