- (1.) M. C. Jain, J. By means of this Habeas Corpus Petition the petitioner has challenged the detention order dated 30th January, 1999 passed against him by respondent No. 2 (District Magistrate, Bulandshahr) under Section 3 (2) of Na tional Security Act, 1980 and his continued detention thereunder.
(2.) AFFIDAVIT-and counter affidavits have been exchanged between the parties. We have heard Sri R. B. Singhal, learned counsel for the petitioner and Sri Mahendra Pratap learned, A. G. A. for the respondents. We have also carefully gone through the record. The grounds of detention are an nexed as Annexure 8 to the writ petition. They state that on 3-12- 1998 Sri Sanjeev Kumar Bisaria, S. D. O. , Electricity Department, Jahangirabad along with other employees of the Department, namely, Sri K. S. Chaudhari, S. D. C. , Sri Vinod Kumar Sharma, R. D. C. and Sri Rajendra Singh, Patrolman had been car rying salary of the employees amounting to Rs 5,89,773. 60 P together with certain records from State Bank of India, Bulandshahr through Departmental Jeep No. U. P. P. 03804 which was being driven by the departmental Driver Dharm Singh. When the jeep reached on Pucca road near village Jatwai at about 12. 45 p. m. , a blue coloured Maruti Van No. DL 84-C/b 3411 came from backside and overtook the jeep. Four miscreants alighted from the van with country made pistols and surrounded the jeep. On the point of pistols and creat ing atmosphere of terror they snatched away the bag containing the money together with records. On resistance they assaulted Sri Sanjeev Kumar Bisaria, S. D. O. and made away with the cash in question and records towards Shikarpur Road. On the report of Sri Sanjeev Kumar Bisaria a case Crime No. 296 of 1998 under Section 394, I. P'. C. was registered at P. S. Jahangirabad. The complainant was also subjected to medical examination.
(3.) THE grounds further state that on 5-12-1998 the Station Officer of Police Station, Jahangirabad along with other police personnel, informant Sri Sanjeev Kumar Bisaria and the witness Sri K. S. Chaudhari reached Bhaipur Doraha at about 12. 45 p. m. and started checking the passing vehicles. A van was seen coming from the side of Anoopshahar at fast speed but the driver of the same, on spotting the police, tried to turn it back. THE informant and the witness Sri K. S. Chaudhari iden tified that van as having been used in the incident of robbery of 3-12-1998. When the police tried to intercept the van, the occupants thereof opened fire but luckily nobody was hurt. Ultimately, the Maruti Van was surrounded and intercepted. THE present petitioner and Riyaz alias Raj were the occupants of the van and they were arrested who were recognised by the informant and the witness Sri K. S. Chaud hari that they participated in the robbery in question. A firearm with an empty cartridge in its barrel together with two live cartridges came to be recovered from Riyaz alias Raj and an illicit knife was recovered from the present petitioner. From the Maruti van in question bearing Registration No. DL 4-C/b 3411 certain documents were recovered from under the seat which had also been robbed along with the cash of Rs. 5,89,773. 60 p. on 3-12-1998. It is also stated in the grounds that the present petitioner and Riyaz alias Raj confessed their participation in the rob bery in question of 3-12-1998. About the subsequent incident of 5-12-1998 Case Crime No. 297 of 1998 under Section 307, I. P. C. No. 298 of 1998 under Section 25 of the Arms Act and No. 299 of 1998 under Section 25/4 of the Arms Act were registered. According to the grounds, on 5-12-1998 itself the present petitioner got recovered a sum of Rs. 89,300 at about 4. 30 p. m. from his residence at P. H. C. Pahasu, as part of the looted money. Rs. 50,000 came to be recovered at the instance of Riyaz alias Raj as his part of the booty, Names of certain other persons, namely, Mahesh Giri and Shakeel were allegedly disclosed by the present petitioner and Riyaz alias Raj as the other participants of the robbery. Ram Bhool and Veeru came to be disclosed as the conspirators. Dharm Singh Driver of the jeep of the Electricity Department also figured as one of the conspirators. Rs. 50,000 were recovered from Shakeel. Es. 30,000 were recovered from Dharam Singh Driver of the jeep and Rs. 15,000/were recovered from yet another conspirator. Rs. 15,000 were also recovered from Mahesh Giri.;