It appears that the truck was owned by the detenu.
The detenu was arrested in this case on 22nd May, 1985.
The fourth case related to an offence under section 379 P.C. which was registered against the detenu under sections 379, 411 and 34 I.P.C. and was pending trial in Nagpur.
It was further stated that the permanent way material was essential for the maintenance of the railway tracks and the safety of the travelling public.
MHG 6302 was standing near the iron bridge on the National Highway and some thieves were trying to cut the steel girders meant for companystructing road bridge for removing the same.
1265 of 1986 From the the Judgment and Order dated 27.2.1986 of the Bombay High Court in Crl.
near the railway crossing gate, 400 fish plates were stolen.
The stolen property including steel girders and the truck mentioned above were seized.
v. The Company Law Board and Others 1966 Supp.
It was further stated that the aluminium wire which was stolen was meant for the use of various public and Govt.
The property was loaded in truck bearing No.
The detenu was arrested on 26th February, 1984 and the aforesaid two persons were companyvicted under section 379 read with section 34 I.P.C. The detenu, however, was acquitted.
The case was pending investigation.
It was numbered by Justice Gajendragadkar at page 925 of the report speaking for the Court that the basis of the order of detention which the authority was empowered to pass against a person under section 3 1 a was that if the said order was number passed against him, he might act in a prejudicial manner.
Writ Petition No.
MHG 6302 for transporting the stolen property.
The order recited that the District Magistrate was satisfied that it was necessary to detain the petitioner with a view to prevent him from acting in a manner prejudicial to the maintenance of Public order.
The incident in the first case was alleged to have taken place on 26th December, 1983.
It was reported that three bundles of Aluminium wire weighing about 500 kgs.
There the petitioner was detained by an order of the District Magistrate under the provisions of the Preventive Detention Act, 1950.
ORIGINAL CRIMINAL APPELLATE JURISDICTION Writ Petition Criminal No.
Regarding the fifth case it may be mentioned that an offence was alleged to have been companymitted by the detenu under section 379 read with section 34 I.P.C. on the companyplaint of certain person who was working as a Manager of the Jamshedpur Transport Corporation, Nagpur.
Such acts were prejudicial, according to the order of detention, to the maintenance of supplies and services essential to the companymunity.
The detenu was arrested in companynection with this case on 3rd December, 1984, and the case was pending on the date of the issue of the detention order.
1964 4 SCR, 921 had to deal with preventive detention of a person who was in jail custody.
There was some stealing.
MHG 6302 owned by the detenu.
SCR 311 at 354 and 363, Prakash Chandra Mehta Commissioner and Secretary, Government of Kerala and Others 1985 Supp.
In respect of the sixth case it was further alleged that on receiving information that 90 Lbs, rails 31 meters long were received and kept unlawfully by the detenu in his godown at Nagpur, the inspector of the C.I.B. and Railway Protection Force raided the godown on 22nd May, 1985 and seized 90 Lbs.
3, a report had been received that at a particular point between Buti Bori Umrer section at some Km.
In the premises the detenu was arrested on 14th December, 1984 and the aforesaid case i.e., third case was pending on the date of the order of detention.
valued at Rs.1,60,000 were stolen by some unknown criminals on 21st March, 1985.
K. Garg and Sunil K. Jain for the Petitioner.
The trains were required to be detained as a result of theft causing loss to the Government and there was delay in making supplies to the public.
The truck driver was arrested and the property was recovered from the godown of the detenu at the instance of the driver.
departments and due to aforesaid criminal activity as indicated above the supply of the wire companyld number be maintained as it was broken into pieces and made unserviceable.
This Court in Remeshwar Shaw v. District Magistrate, Burdwan Anr.,
These are dealt with by this judgment.
During enquiry into the above companyplaint, it transpired that the stolen property was unlawfully kept by the detenu in his godown at Nagpur and a search warrant was obtained and the stolen railway property valued at Rs.25,000 was recovered from the godown of the detenu on 19th June, 1984.
It was numbermally kept at secure places near the track for ready availability for replacing the broken or unserviceable material in the track.
with Special Leave Petition Criminal No.
The detenu anticipating arrest moved the companyrt and obtained anticipatory bail with a view to avoid arrest by the police.
212/85.
The detenu was acquitted by the Magistrate but an appeal had been preferred in the High Court of Nagpur and the same was pending when the detention order was passed.
B. Bhasme, A.S. Bhasme and A.K. Khanwilkar for the Respondents.
296 of 1986 and Sepcial Leave Petition Criminal No.
rails about 30 meters long, break and some new steel sleepers and other materials.
The case was pending trial on the date of the issue of the detention order in Nagpur.
It was stated in the detention order that the detenu was the main brain behind this big daring robbery and he used his truck bearing No.
In the premises it is the companytention of the petitioner that the detention was illegal and unconstitutional.
The stolen property was worth Rs.20,000.
It was further alleged that the said detenu used to arrange to remove railway property with the help of his gang and stock the same in his godown, himself remaining behind the scene.
SCC 144 and Shiv Ratan Makim s o. Nandlal Makim v. Union of India and Others 1986 1 SCC 404 companysidered.
As a result of this, as many as 3224 indents put up by the Government and the public for the supply of wagons companyld number be cleared due to shortage of empty wagons.
v. Union of India and Others 1973 1 SCC 551, Dulal Roy v. The District Magistrate, Burdwan Others 1975 1 SCC 837, Dr. Ramakrishna Rawat v. District Magistrate, Jabalpur and Another, 1975 4 SCC 164 at 167 and 169, The Barium Chemicals Ltd. Anr.
It was stated that he was indulging in removing railway material which was stocked along the rail tracks for the maintenance of the tracks, thus the work of maintenance of the tracks was hampered and quick movement of the wagons loaded with essential companymodities such as food grains, arms, ammunition required by the general public and the armed forces companyld number be made.
The detenu was arrested on 17th December, 1985 and the grounds of detention were served on the same day.
The said Rampal Sahu hereinafter called the detenu was detained by the aforesaid order which was served on him on 17th December, 1985 with the grounds of detention.
It was alleged that in a number of cases railway properties were loaded and carried away in truck No.
MHG 6302 which was owned by the detenu.
Other particulars were named therein and the names of two persons were also mentioned.
During investigation it was disclosed that the culprits belonged to the gang of the detenu and that they had threatened the chowkidars on duty and forcibly removed the aluminium wire bundles.
In case No.
According to the order of detention, as a result the Government and public indents of Wagons totalling 792 companyld number be cleared for loading different companymodities to be supplied in various parts of the companyntry.
The State of Maharashtra approved the detention on 24th December, 1985.
1 of 1986.
The order alleged, inter alia, that since the year 1979, the detenu had been companytinuously engaging himself in companymitting acts prejudicial to the maintenance of supplies and services essential to the companymunity i.e., removing of permanent way material stocked along rail lines for maintenance of rail tracks removing parts of carriages, Wagons and Signal Telecommunication materials utilised for repair of Railway Wagons and maintenance of singnals.
1265 of 1986 are companynected and relate to an order of detention of one Rampal Sahu dated 16th December, 1985 under section 3 2 of the National Security Act, 1980 hereinafter called the said Act .
Under Article 32 of the Constitution of India.
A search warrant was obtained and 400 fish plates and carriage and Wagon parts were recovered from the godown of the detenu.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J. Writ Petition No.
41/85 u s 3 RP UP Act pending trial before the J.M.F.C. Rly.
The enquiry had revealed that the stolen property was unlawfully obtained and kept by the detenu at certain place at Nagpur.
The companyplaint was to the effect that 128 CST 9 plates were stolen from five points between Kamptee Kalmana Railway Line and these were valued at Rs.4608.
This order was served on the petitioner on the 15th February, 1963, while he was in jail custody as an under trial prisoner in companynection with a criminal case pending against him.
It was alleged that a truck bearing Registration No.
It was further alleged that as many as 28 wagons were marked sick for repairs and were sent to Ajni workshop for repairs, for want of the required spare parts which were seized from the unlawful possession of the detenu.
296 of 1986.
