Vinod Prasad, J. - (1.) THE detenu petitioner Atikur Rahaman alias Atiq Kirana has challenged his detention under Section 3 (3) of the National Security Act, 1980 (hereinafter referred to as the Act), passed by the Detaining Authority / District Magistrate, Allahabad, respondent No. 3, on 24.10.2008 (Annexure-1) to this habeas corpus writ petition.
(2.) ACCORDING to Annexure-2, which are the grounds of detention, it is stated that on an information received by S.O. Kareli, he raided the house of Liyakat Khan on 20.9.2008 alongwith police force. On the second floor of the house, the said S. O. pushed open the door of a room and found the petitioner alongwith Shamsul Haq, Satish Sharma and Shams-A-Tabraj alias Sameer present inside it. Shamsul Haq was sitting in front of a computer and was counting counterfeit currency notes of Rs. one thousand (Rs. 1,000). Satish Sharma was operating the said computer. The aforesaid three persons made a vain attempt to escape from the room but were apprehended by the raiding police party. Personal search of each of those apprehended accused got recovered, from the possession of the petitioner, 50 counterfeit currency notes of Rs. 500 denomination from the left pocket and 20 genuine currency notes of Rs. 100 from the right pocket of his kurta. From the possession of Shamsul Haq, 50 counterfeit currency notes of Rs. 1,000 denomination were recovered. Recovery of two fake currency notes of Rs. 1,000, which were being printed on the computer, 20 fake vehicle insurance certificates, 732 plain vehicle insurance forms, four fake Bank papers of Canara Bank were made from Satish Sharma. From beneath the table, two vehicle registration plates with inscribed numbers RJ 14 UB 2012 were recovered. From the possession of Shams-A-Tabraj alias Sameer, 100 currency notes of Rs. 500 denomination were recovered. On interrogation by the police co-accused Shamsul Haq disclosed that they import fake currency notes and circulate it in the market with the help of their own boys and other accused persons. He also informed that when his business started flourishing then he started scanning, printing and circulating the fake currency notes with the help of Satish Sharma. Shamsul Haq further disclosed that counterfeit currency notes were circulated with the help of Firoz Ansari alias Gullu and Jaanu. Further disclosures by him revealed that the vehicles parked in garage on the ground floor plied by Satish Sharma and Samir were stolen ones and so were the motorcycles of Gullu and Jaanu. All the recovered articles were seized by the raiding party. The disclosures made above facilitated recovery of Motorcycles No. U.P. 70 AJ-8268, Hero Honda Splendour Motorcycle No. U.P. 70 AE 1333 and motorcycle No. U.P. 70 A.M. 3579, plied by the petitioner were also seized by the police under Section 207 of Motor Vehicles Act and were taken in possession. Thereafter on the disclosed information, the raiding party raided Munna Colony, Gaus Nagar and apprehended Firoz Ansari alias Gullu and Jaanu alongwith their motorcycles numbers U.P. 70 AE 4175 and 702-9013 at 7.15 p.m. Personal search of Firoz Ansari alias Gullu got recovered, from the pocket of the shirt, ten fake currency notes of Rs. 1,000 denomination, counterfeit currency notes of Rs. 100. From the possession of Mohammad Yusuf alias Jaanu, from his pant pockets, seven fake currency notes of Rs. 1,000 denomination, 28 counterfeit currency notes of Rs. 100 denomination were recovered. From his possession a vehicle registration certificate was also recovered, which was alleged to be forged by Satish Sharma. All the recovered fake currency notes and vehicles were seized and sealed by the raiding party. In respect of the committed offences, F.I.R. of Crime No. 156 of 2008, for offences under Sections 418, 420, 467, 468, 472 and 489, C, D, E, F, I.P.C. and Crime No. Nil of 2008 under Section 41/411, I.P.C. were registered at P.S. Kareli, district Allahabad. All the accused persons were arrested and incarcerated in Central Jail, Naini by the police. Recovered counterfeit currency notes were got checked from Reserve Bank of India, Kanpur Nagar, which established that the recovered currency notes were counterfeited. Investigation of the registered crime concluded in laying down a charge-sheet against all the accused persons in the appropriate Court. District Magistrate, Allahabad/ Detaining Authority, respondent No. 3, was of the opinion that the activities of the detenu petitioner and his associates were detrimental to the social and economic conditions of the society and of the country and that the accused persons were indulging in activities prejudicial to the maintenance of essential supplies to the community. Because of forging, printing, circulation and floating of fake currency notes, an atmosphere of terror and suspicion engulfed the society on and around Allahabad district. Further the activity was in breach of Ordinance No. 11-15011/ 1/82-IS/DO-11 dated 8.2.1982 issued by the Government. Detaining Authority was also of the view that the activity of the detenu petitioner was detrimental for maintenance of essential supplies to the community regarding which news items were also published in the daily news papers. The society was deterred by use of fake currency notes and the fiscal condition of the society was being deteriorated. Further, being of the opinion that, albeit, the petitioner was lodged in Central Jail, Naini and though his bail application had already been rejected by Sessions Judge, Allahabad on 17.10.2008, yet his pairokars and advocate had moved his bail application before High Court, Allahabad for getting him released on bail and the chances of detenu being released on bail in near future were imminent and plausible, and since the District Magistrate/ Detaining Authority also apprehended that, after being released on bail, the petitioner will indulge in recurrence of his illegal activities of indulging in the racket of fake currency notes that the District Magistrate became subjectively satisfied that there was good reasons for him to detain the petitioner under the Act wielding his power under Section 3 (3) of the Act.
(3.) ON above grounds and reasonings, with the avowed object, to stop the petitioner from indulging into anti-national and anti-social activities, which were detrimental for maintenance of essential supplies to the community, that the District Magistrate, Allahabad ordered the detention of the petitioner under Section 3 (3) of the Act on 24.10.2008, vide Annexure-1, to this habeas corpus petition, which order of detention, is now under challenge before us. Counter-affidavits have been filed by all the respondents in this petition to which rejoinder-affidavits have also been filed.;