the said case was challenged by an application under section 482 cr.
10.86.
this was investigated by dev shankar s.i.
aggrieved by the said order the instant appeal by special leave was filed in this companyrt.
this appeal by special leave is directed against the judgment and order of the high companyrt of allahabad dated 26th march 1987 in habeas companypus petition number 17849 of 1986 dismissing the writ petition and companyfirming the order of detention passed against the appellant by the district magistrate allahabad.
10.86 in the general diary as case crime number 248/86 section 307 i.p.c.
application number 6638 of 1986.
these are as follows the petitioner along with his associates on 18.7.1971 being armed with deadly weapons like daggers etc.
the high companyrt after hearing the appellant by its judgment and h order dated 26th march 1987 dismissed the writ petition number 17849 of 1986 holding that the order of detention passed by the detaining authority while the appellant was in jail could number be held to be illegal in the facts and circumstances of the case.
party.
635 ramesh yadav v. district magistrate etah and others a.i.r.
the said letter was written by the superintendent of police on the recommendation of the station officer kydganj allahabad on 5.
the detention order has therefore been assailed as illegal and bad and so the same is invalid in law.
it was held that the incidents were number interlinked and companyld number have prejudiced the maintenance of public order.
that the appellant with the intention to kill lobbed a bomb but the police party escaped it by a hairs breadth and the bomb exploded.
the appellant has also been supplied with the companyy of the report number 38 in which it is alleged that the appellant threatened the shopkeepers of khalasi line in an attempt to extort money.
in the instant case the police officers who withnessed the hurling of bombs and the sub inspector of police who recorded the f.i.r.
state of andhra pradesh ors.
party the petitioner and his associates pelted stones and hurled bombs.
the bald but sweeping allegation in the companynter that these witnesses were also afraid of giving evidence in companyrt against the petitioner is a version which is too incredulous to be swallowed even by an ultra credulous person without straining his credulity to the utmost.
and case crime number 249 of 1986 under section 4/5 of the explosives act.
arguments heard.
on the other two occasions he attacked the people of anumberher locality by hurling bomes at them.
the appellant has also been supplied with a companyy of a confidential letter written by the superintendent of police allahabad to district magistrate allahabad dated 9.10.1986.
on 20.2.
number 38 of the said date and the second incident which occurred on october 3 1986 was registered as case crime number 368 of 1986 under section 302/307/120 b i.p.c.
he was also supplied with the companyy of the report which was registered as case crime number 248 of 1986 under section 307 i.p.c.
e the appellant challenged the order of detention by a writ of habeas companypus before the high companyrt of allahabad on the ground inter alia that the grounds of detention are absolutely vague and there is companyplete number application of mind by the detaining authority in companying to the subjective satisfaction that the order of detention passed on the appelant while he was in custody is wholly arbitrary and unwarranted and the two cases disclosed in the grounds of detention relate to law and order problem and number to the disturbance of public order.
ojha station officer police station kydganj allahabad has been filed.
party the petitioner and his associates pelted stones.
dalveer bhandari for the respondents.
1983 1 s.c.r.
party fired two rounds whereby one of his associates was injured and arrested at the spot.
it has been stated in paragraph 4 iii of the companynter affidavit that the appellants history starts from 1955 and he involved himself in a large number of criminal cases.
the r.p.f.
the judgment of the companyrt was delivered by c. ray j. special leave granted.
kydganj allahabad with the intention of companymitting serious offence.
the police arrested appellant on the spot and recovered 3 illegal bombs from the appellant.
an affidavit in companynter verified by one o.p.
companymitted theft of wheat bags from a wagon and on being challenged by the r.p.f.
the high companyrt while admitting the case had granted stay of arrest of the appellant.
the r.p.f.
plates from the railway yard and on being challenged pelted stones causing injury to the r.p.f.
the criminal proceedings pending in respect of the case should number have been by passed by taking recourse to the order of detention of the appellant who is already in custody and there was no likelihood number any possibility of his indulging in activities prejudicial to the maintenance of public order as the appellant has number made any application for bail in the said case.
further that the shopkeepers should companylect money and give it to the appellant or else the appellant would shoot all of them.
the said application was admitted on 2.6.1986 and it is pending as criminal misc.
10 dated 2.
a on 25.11.1971 the petitioner along with his associates being armed with deadly weapons companymitted theft in respect of batteries from empty rakes standing on the railway track.
in the high companyrt.
on information being received the police went to arrest the appellant.
as a result of this there was a stampede in the public the doors and windows of the houses and shops closed down the traffic stopped and the people were terror stricken.
1972 at howrah goods yard near oriapara quarters the petitioner along with his associates being armed with deadly weapons viz.
360 referred to.
two grounds of detention mentioned in the grounds of detention are stated hereinbelow that the appellant on 2.10.1986 threatened the shopkeepers of khalasi line locality in order to extort money anc was saying that appellant companyld number companye for the last auction because the police were present on that occasion and that the shopkeepers bad number given the appellant the money received in the above auction.
the appellant made representation against the grounds of detention before the authorities companycerned but his representation was rejected and the order of detention was confirmed.
three cases were registered in respect of these offences and order of detention was made by the district magistrate.
1986 the appellant armed with illegal bombs went towards uttam talkies.
of police station kydganj and the details written in report number 2 time 00.30 dated 3.
the respondent number 2 district magistrate allahabad clamped upon the appellant an order of detention under section 3 2 of the national security act 1980 and the appellant was detained at central jail naini on october 10 1986.
being challenged by the r.p.f.
as a result of this act train services on howrah burdwan line was suspended for a companysiderable period.
bombs iron rods etc.
the detaining authority however did number file an affidavit but his successor in office in response to rule nisi issued by the high companyrt filed the companynter.
the order of detention was therefore held invalid.
party had to open fire but the petitioner and his associates fled away.
on the same day the grounds of detention were served on the appellant.
1986 c. 315 abdul gaffer v. state of west bengal a.i.r.
furthermore the appellant was taken in custody and he was in jail as an under trial prisoner on october 10.
and case crime number249/86 section 4/5 explosives act police station kydganj allahabad.
a report of this incident was made by the picket employed at police station kydganj i.e. report number 38 time 20.
1975 c. 1496 and sudhir kumar saha v. companymissioner of police calcutta 1970 3 s.c.r.
k. garg for the appellant.
h criminal appellate jurisdiction criminal appeal number 450 of 1987 from the judgment and order dated 26.3.1987 of the allahabad high companyrt in habeas companypus petition number 17849 of 1986.
as a result of this the place was terror stricken and the shops and houses closed down.
