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.
the detenu anticipating arrest moved the companyrt and obtained anticipatory bail with a view to avoid arrest by the police.
original criminal appellate jurisdiction writ petition criminal number 296 of 1986.
under article 32 of the companystitution of india.
decided by the j.m.f.c.
the truck driver was arrested and the property was recovered from the godown of the detenu at the instance of the driver.
it was alleged that in a number of cases railway properties were loaded and carried away in truck number mhg 6302 which was owned by the detenu.
v. the companypany law board and others 1966 supp.
this companyrt in remeshwar shaw v. district magistrate burdwan anr.
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 stolen property was worth rs.20000.
1964 4 scr 921 had to deal with preventive detention of a person who was in jail custody.
deori crime number 69/83 u s 379 34 i.p.c.
post ajni crime number 43/84 u s 3 rp up act 1966 pending trial before the j.m.f.c.
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.
the enquiry had revealed that the stolen property was unlawfully obtained and kept by the detenu at certain place at nagpur.
the case was pending trial on the date of the issue of the detention order in nagpur.
there the petitioner was detained by an order of the district magistrate under the provisions of the preventive detention act 1950.
on the complaint of certain person who was working as a manager of the jamshedpur transport companyporation nagpur.
post ajni crime number 41/85 u s 3 rp up act pending trial before the j.m.f.c.
rails about 30 meters long break and some new steel sleepers and other materials.
the detenu was arrested in this case on 22nd may 1985.
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.
up act 1966 an appeal u s 378 of the companye of criminal procedure is being filed in the high court against the order of aquittal dated 24/5/85 passed by the j.m.f.c.
the grounds further indicated six different cases.
in case number 3 a report had been received that at a particular point between buti bori umrer section at some km.
number 212/85.
it was further stated that these grounds were companymunicated to the detenu under setion 8 of the aforesaid act read with article 22 5 of the constitution of india upon which the detention order had been made.
it was further stated that the aluminium wire which was stolen was meant for the use of various public and govt.
the case numbers were p.s.
which was registered against the detenu under sections 379 411 and 34 i.p.c.
it is the case of the detaining authority that due to this unlawful possession of break locks by the detenu four wagons were marked sick and had to be sent to the railway carriage and wagon workshop at ajni for repair as a result was indents put up to the railway administration by the public and the government to provide the empty wagons for supply of the different companymodities in the different parts of companyntry could number be companyplied with.
and was pending trial in nagpur.
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.
a search warrant was obtained and 400 fish plates and carriage and wagon parts were recovered from the godown of the detenu.
it was further alleged that each of the grounds indicated above individually and companylectively was number only germane but also sufficient to satisfy the detaining authority with a view of preventing the detenu from acting in any manner prejudicial to the maintenance of supplies and services essential to the companymunity and as such it was necessary to detain him.
the case was pending investigation.
bhasme and a.k.
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 commodities such as food grains arms ammunition required by the general public and the armed forces companyld number be made.
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.
the fourth case related to an offence under section 379 p.c.
k. garg and sunil k. jain for the petitioner.
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.
r.p.f.
other particulars were named therein and the names of two persons were also mentioned.
the stolen property including steel girders and the truck mentioned above were seized.
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.
number 200/84.
khanwilkar for the respondents.
sakoli vide c.c.
the property was loaded in truck bearing number mhg 6302 owned by the detenu.
it was numbered by justice gajendragadkar at page 925 of the report speaking for the companyrt 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.
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.
writ petition number 1 of 1986.
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.
r.p.f.
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.
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 number mhg 6302 for transporting the stolen property.
the incident in the first case was alleged to have taken place on 26th december 1983.
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.
companyrt nagpur vide c.c.
it appears that the truck was owned by the detenu.
valued at rs.160000 were stolen by some unknumbern criminals on 21st march 1985.
scc 144 and shiv ratan makim s o. nandlal makim v. union of india and others 1986 1 scc 404 considered.
and railway protection force raided the godown on 22nd may 1985 and seized 90 lbs.
the state of maharashtra approved the detention on 24th december 1985.
nagpur vide c.c.
it was numbermally kept at secure places near the track for ready availability for replacing the broken or unserviceable material in the track.
near the railway crossing gate 400 fish plates were stolen.
the detenu was arrested on 17th december 1985 and the grounds of detention were served on the same day.
ramakrishna rawat v. district magistrate jabalpur and anumberher 1975 4 scc 164 at 167 and 169 the barium chemicals limited anr.
in the backdrop of the aforesaid grounds it was further stated that the activities of the detenu were prejudicial to the maintenance of supplies and services essential to the community.
the detention order as mentioned hereinbefore was under section 3 2 of the said act.
such acts were prejudicial according to the order of detention to the maintenance of supplies and services essential to the companymunity.
b. bhasme a.s.
it was reported that three bundles of aluminium wire weighing about 500 kgs.
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.
scr 311 at 354 and 363 prakash chandra mehta commissioner and secretary government of kerala and others 1985 supp.
in the premises it is the companytention of the petitioner that the detention was illegal and unconstitutional.
it was alleged that a truck bearing registration number 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.
there was some stealing.
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.
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 country.
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.
number 153/85.
kamptee crime number 53/85 u s 379 34 ipc under investigation.
with special leave petition criminal number 1265 of 1986 from the the judgment and order dated 27.2.1986 of the bombay high companyrt in crl.
according to the writ petition as well as the special leave petition the grounds of detention served on the detenu did number disclose any violation of the essential companymodities act or essential services maintenance act.
the judgment of the companyrt was delivered by sabyasachi mukharji j. writ petition number 296 of 1986 and sepcial leave petition criminal number 1265 of 1986 are connected 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 .
kamptee crime number 195/84 u s 379 411 34 p.c.
