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Issues involved: Challenge against the detention order u/s 3(2) of the National Security Act, 1980, based on grounds of detention and legality of the order.
Summary: 1. The petitioner challenged the detention order u/s 3(2) of the National Security Act, 1980, issued while the petitioner was already in jail as an under trial prisoner. The grounds of detention were served, and despite a representation made by the petitioner, the detention was confirmed by the State Government, leading to the filing of a writ petition. 2. The detaining authority justified the order, noting a previous detention that was quashed by the High Court. Five grounds were cited to support the detention, including incidents of dacoity and involvement in criminal activities, leading to the current detention order. 3. The grounds of detention included specific incidents of dacoity and criminal activities, along with the detenu's association with a known gang. However, some incidents were deemed stale and not relevant for the 1984 detention order, while another incident in 1983 resulted in acquittal after trial, making it an invalid ground for detention. 4. The order of detention was primarily based on the apprehension that the detenu, if released on bail, would resume criminal activities, which the court found insufficient to justify preventive detention under the National Security Act. The court agreed with the petitioner's counsel that the order was unsustainable and contrary to established principles of preventive detention, leading to the quashing of the detention order. 5. The writ petition was allowed, directing the immediate release of the petitioner unless held in lawful detention for other reasons.
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