SALIM Vs. DISTRICT MAGISTRATE UJJAIN
LAWS(MPH)-2003-1-106
HIGH COURT OF MADHYA PRADESH
Decided on January 30,2003

SALIM Appellant
VERSUS
DISTRICT MAGISTRATE UJJAIN Respondents


Referred Judgements :-

SHIVGIRI V. STATE OF M.P. [REFERRED TO]
HAMID ALI V. STATE OF M.P. [REFERRED TO]
ATTORNEY GENERAL FOR INDIA VS. AMRATLAL PRAJIVANDAS [REFERRED TO]
HAMZA BIN OMER VS. COMMISSIONER OF POLICE HYDERABAD [REFERRED TO]
AJAY VS. STATE OF MADHYA PRADESH [REFERRED TO]
PAPPU VS. STATE OF MADHYA PRADESH [REFERRED TO]
CHARAN SINGH VS. UNION OF INDIA [REFERRED TO]


JUDGEMENT

S.L.Kodiar, J. - (1.)Petitioner/detenue Salim has changed his order of detention dated 21 Febuary 2002 passed by respondent No. 1 District Magistrate, Ujjain (Annexure 1) and confimied by the State Gemment vide order dated 13th May 2002 (Annexure 3) detaining the petitioner for 12 months from the date of his arrest, 26/3/2002 under the National Security Act (herein after refind to as the NSAf).
(2.)From the petition and its reply facts emerged, are that Police of PS Jiwaji Ganj, Ujjain received information about admission of Inamul Haq Sb Iftakhar Anasri in the Government hospital in serious condition. On this information, Sub-Inspector of Jiwaji Ganj Police Station reached the hospital. On investigation of the residential premises of the petitioner, the police found that the petitioner and Inamul Haq were illegally preparing hand bombs by filling in small steel containers with Pottash, gun powder, powder of head of match sticks, iron pieces, nails, cloths piecetse c. While making hand bombs, one of them blasted resulting into causing service injuries to Inamul Haq to his left palm. His hand was completely imputed. During investigation, Sub-Inspector recorded the statements of several witnesses and registered offence against Inamul Haq and the present petitioner under Section 4(b)/5 of the Explosive Substances Act, 1908 (for short, the Act). After detailed investigation, police submitted report to the District Magistrate, Ujjain, who passed the order of detention on 21st March, 2002 against the petitioner and Inamul Haq.
(3.)According to the grounds of detention order, petitioner and his companion Inamul Haq were involved in manufacturing of hand made boms and while doing so due to blasting of one of the bombgs, Inamul Haq received serious injuries including imputation of left palm. The petitioner was involved in antisocial activities and illegal manufacturing of hand made boms against whom crime No. 64/02 under Sections 4 and 5 of the Act was registered and investigation was going on. In ground No. 3, it has been mentioned that because of their act, terror was created in Ujjain city and the public was in the fear. Because of their activities, there was danger to life and property of the public. Ground No. 4 is revealing the fact that because of laying of foundation stone CSheeladan in Aayndhya, there was great tension in the town and the police was trying to maintain peace and harmony in the city. On 15/3/2002 because of the act of the petitioner and his companion, preparing illegally hand bomb and its blasting near Ring Road, Juna Somwaria locality, there was unrest in the said locality. The public started running here and there. Public was in the fear and closed their shops and the market remained closed. The situation was like a Curfew in the town. Along with the detention order, copies of grounds of detention, FIR, Rojnamcha Sana, notification of Home Department were supplied to the petitioner.


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