R.R.K.TRIVEDI, J. - (1.) Petitioner Mahboob has filed this writ petition for grant of writ of habeas corpus directing respondents to release him from detention and to quash the order of detention dated 15-6-1998, Annexure 1 to the writ petition, passed by respondent No. 2, under Section 3 (2) of the National Security Act, 1980 (hereinafter referred to as the Act).
(2.) Along with the order of detention petitioner was also served the grounds of detention on which the petitioner has been detained under the Act. The grounds are as under :1. That on 17-2-1996, at 5.00 p.m., Shri Suresh, Inspector in-charge of police station Lodhi Colony, New Delhi who is member of operation cell, Lodhi Colony, with the help of other members, arrested Kris Teef Jelvazor, a citizen of Switzerland, and Mohd. Hassan Poddar alias Azis Batloni alias Sheikh Majeed alias Hassan Aroli, son of Mohd. Husain, resident of Lahore (Pakistan) from Lodhi Colony, New Delhi and recovered from their possession 361 pistols of different make, 367 empty magazines with 3788 cartridges for which a criminal case was registered at Police Station, Lodhi Colony as case Crime No. 64 of 1996, under Sections 112B/121/121A/122/124 I.P.C. and 25/54/59of the Arms Act.During investigation it was revealed that petitioner was one of the associates of the two foreigners arrested. Consequently, a charge sheet was filed on 29-4-1996 for trial of the petitioner and his two associate culprits. It has been alleged that this activity of the petitioner and his associates culprits was anti-national and it was done with the design to help spread disintegration and terrorist activities in the country and to dethrone the Government of India which amounts to waging war against the country for which charge sheet has been submitted and is under consideration of the Court.2. That on 21-2-1998, Sub-Inspector Baljit Singh of Police Station Mangolpuri, New Delhi, a member of the operation Cell, Lodhi Colony, arrested petitioner's companions Ashok Kumar Chhabra and Islam at 5.10 p.m. from two kilometres in the north of Yuva Shakti Model School, Sector III, Rohini, Delhi, Police Station Mangolpuri and recovered a huge quantity of illegal firearms and cartridges which were manufactured in Pakistan. The aforesaid arrested persons in order to save themselves and for killing police personnels, fired at them. Police, however, arrested them with the firearm and a criminal case, Crime No. 171 of 1998, under Section 307/186/120B/353/121/121A/122/123 I.P.C. and Sections 25/27/54/59 of the Arms Act was registered at Police Station Mangolpuri. During investigation, petitioner along with the arrested persons was found involved in illegal smuggling of firearm in the country which were aimed at dethroning the Government of India and they were active members of the ISI of Pakistan and indulged in ante-national activities. After investigation a charge sheet was filed against the petitioner and his companions which is under consideration of the Court.
(3.) That on 22-10-1997, Senior Sub-Inspector Atar Singh of Police Station Kairana arrested the petitioner with one Kg. of Doda posta and powder in respect of which a case was registered as case crime No. 276 of 1997, under Sections 18/25 of N.D.P.S. Act at Police Station Kairana. After investigation charge sheet No. 181 of 1997 was filed on 17-12-1997 which is under consideration of the Court.;