Hon'ble Anil Kumar Agarwal, J.
Heard Sri Manoj Kumar Srivastava, learned counsel for the petitioner, learned A.G.A.for the State of U.P.and Sri Nitin Gupta, learned counsel appearing on behalf of Union of India.
This petition has been filed on behalf of Dusyant alias Satendra with the prayers to :
A. issue a writ order or direction in the nature of Habeas Corpus commanding the respondents to release the Detenu/petitioner at liberty forthwith.
B. issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case C. award cost of the petition to the petitioner.
The facts, in brief, of this case are that the order dated 22.12.2011 has been passed by District Magistrate, Aligarh in exercise of powers conferred under section 3(3) of National Security Act (hereinafter referred to as ''NSA') by which the petitioner has been detained as an ordinary prisoner in District Jail Aligarh under section 3(2) of NSA. The grounds of detention are also annexed along with detention order dated 22.12.2011. The main ground of detention is that petitioner and his associate Vipin were apprehended by the police on 9.10.2011 at 4.30 P.M., their another associate successfully escaped from the alleged place of incident, on search made by police, 49 Notes having the denomination of Rs. 100 bearing No. 8HD498391 were recovered from the possession of the petitioner and from the possession of the co-accused Vipin 50 Notes having the denomination of Rs.100 bearing the same numbers were recovered and from their Honda City Car No. U.P.75F 6823 , one Printer and other articles used in manufacturing the counterfeited currency notes and huge quantity of counterfeited currency notes having the denomination of Rs. 100 and Rs. 50 were recovered, the total amount of counterfeited currency Notes Rs. 25,400/ were recovered. Some other papers having the print of Rs.100 and Rs. 50 were recovered. The petitioner and co-accused Vipin disclosed the name of their associate, who successfully escaped from the place of incident, is Teetu son of Lakhan Singh Thakur. The petitioner and co-accused Vipin confessed before the police that they were manufacturing the counterfeited currency notes and they were circulating through agent. The copy of the impugned order dated 22.12.2011, the grounds of detention and all other connected documents were supplied to the petitioner through Jail Superintendent,Aligarh by District Magistrate on 22.12.2011, the same were sent to the State Government on the same day, which was received by the State Government on 23.12.2011. The order of detention order dated 22.12.2011 was approved by the State Government on 28.12.2011 and all the documents received from District Magistrate, Aligarh were sent by the State Government to the Central Government as well as State Advisory Board on 28.12.2011, the order dated 28.12.2011 approving the detention order was communicated to the petitioner through District authority by radiogram and letter, both dated 28.12.2011.
Vide letter dated 11.1.2012, the State Advisory Board informed the State Government that the case of the petitioner will be taken up for hearing on 16.1.2012 and directed that petitioner be informed that if he desires to attend the hearing before the Advisory Board along with his next friend (Non-Advocate), he could do so and be allowed to take his next friend, if so requested. In the meantime, the petitioner sent his representation dated 10.1.2012 Addressed to Chairman, Advisory Board Lucknow which was received in the office of District Magistrate, Aligarh throuh Jail authority on 10.1.2012 on which the comments were called from S.S.P.Aligarh and Station Officer of the police station concerned, the Station Officer by letter dated 12.1.2012 submitted the comments to S.P.Aligarh and S.P.Aligarh sent the comments to the District Magistrate vide letter dated 13.1.2012, the representation was rejected by District Magistrate, Aligarh on 13.1.2012, on the same day the representation along with the comments was sent to State Government on 13.1.2012 through special messenger on the same day it was sent to Central Government, the representation of the petitioner sent by District Magistrate, Aligarh was received in the concerned section of State Government on 16.1.2012, the State Government sent the representation and para-wise comments to State Advisory Board to Central Government vide separate letter dated 16.1.2012. The representation of the petitioner was examined by the State Government on 17.1.2012 by Under Secretary, it was examined by Special Secretary on 18.1.2012 and thereafter submitted to the Secretary who after examining the same, submitted to the highter authority for passing the final order. After due consideration, the petitioner's representation was finally rejected on 18.1.2012. It was communicated to the petitioner through District Authority by State Government radiogram dated 19.1.2012 but before hearing the petitioner his representation was received by State Advisory Board on 16.1.2012. The petitioner appeared before State Advisory board on 16.1.2012, the Board, on that date heard the petitioner in person ,considered his representation and given its report expressing therein its opinion that there was a sufficient cause for detention of the petitioner, this representation was received in the concerned section of the State Government through U.P.Advisory Board letter dated 30.1.2012 on 1.2.2012. On receipt of the report of the State Advisory Board, the State Government once again examined afresh the entire case of the petitioner along with the opinion of Advisory Board and took a decision to confirm the detention order and also for keeping the petitioner under detention for a period of 12 months, on 22.12.2011, it was issued by the State Government and the radiogram and letter both dated 6.2.2012, it was received in District Jail Aligarh on 7.2.2012, the same was communicated to the petitioner on 7.2.2012, the copy of the letter dated 6.2.2012 was also received in District Jail Aligarh on 10.2.2012, on the same day it was served upon the petitioner. The representation of the petitioner dated 10.1.2012 was rejected by the Central Government on 28.1.2012, it was received in the concerned Section of the Ministry of Home Affairs on 18.1.2012, the order dated 28.1.2012 was communicated through wireless message on 3.1.2012 to the Home Secretary Government of U.P., Superintendent of District Jail Aligarh, District Magistrate Aligarh and the detenu, the copy of the wireless message was sent on 31.1.2012 by POST to the detenu.
It is submitted by counsel for the petitioner that impugned order dated 22.12.2011 is illegal and the detention of the petitioner in district Jail Aligarh also illegal on the following grounds:-
I.Because petitioner has been implicated in a false case by the police of police station Dadon, District Aligarh in case crime no. Nil of 2011 under section 41/102 Cr.P.C.and 411 I.P.C.and recovery of Honda City Car No. U.P. 75 F- 6823 shown.
II.Because just thereafter lodged another case in case crime No. 246 of 2011 under sections 420, 489A, 489-B, 489-C, 489-D and 489-E I.P.C.against the petitioner and two others showing the recovery of 100 rupees counterfeit Note 49 in numbers from the hands of the petitioner with a printer, paper and ink from the aforementioned Honda City car.