1985 (9) TMI 343

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....der Article 32 of the Constitution is directed against the order of detention of the petitioner Under Section 3(2) of the National Security Act, 1980. The order is dated September 16, 1984, and was made at a time when the petitioner had already been in Mainpuri Jail as an under trial prisoner in connection with certain pending criminal cases. The grounds of detention were served on the petitioner ....

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.... incident of April 16, 1980, when the detenu and the members of his gang came armed with dangerous weapons and committed a dacoity in the house of one Bhudev Sharma on the basis of which Crime No. 72/80 Under Section 395/197, I.P.C. was registered and the trial was pending; (2) On may 10/11, 1980, the detenu along with members of his gang armed with dangerous weapons committed a dacoity at the ....

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....uted for offences Under Sections 147, 148, 149, 307, IPC read with Section 25 of the Arms Act and Sections 5/7 of the Explosives Act but the detenu was acquitted after trial for want of evidence. 4. In the grounds of detention, apart from specifying the above five grounds, reference was made to the fact that the detenu creates public terror on account of his criminal activities which are absolu....

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....quashing of the previous detention and which may have some nexus with the present order of detention is of 1983. Admittedly, a trial had taken place and there has been acquittal. That ground, therefore, was not available to be used. 6. On a reading of the grounds, particularly the paragraph which we have extracted above, it is clear that the order of detention was passed as the detaining author....