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Km. Indu Mishra and Etc. Vs. Union of India (Uoi) and ors.

Court : Allahabad

Subject : Criminal

Acts : National Security Act, 1980 - Sections 3 and 8

Reported in : 2003CriLJ4944

as below :-- 'The provisions in the COFEPOSA Act and PITNDPS Act differ from those contained in the National Security Act, 1980 as well as earlier Preventive Detention Laws, namely, the Preventive Detention Act, 1950 and the Maintenance of Internal … on the District Magistrate as well as the Commissioner of Police to make an order of detention, and Sub-section (4) of Section 3 prescribes that the officer shall forthwith report the fact of making the order to the

Th. Ibochou Singh Vs. State of Manipur and anr.

Court : Guwahati

Subject : Criminal

Acts : National Security Act, 1980 - Sections 2, 3(1), 3(2), 3(4), 8, 8(1), 9, 10, 13, 14 and 80

passed by the District Magistrate Imphal West on 23-1-2004 directing the detention of the said detenu under the National Security Act, 1980 and subsequent approval and confirmation of the said order by the State Government (Annexures A/1, A/2 and A/2-1).2. … 16-1-2004 at about 10.30 a.m. by police and an FIR case No. 16(1) 2004 Sing jamei P.S. under Section 10/13 U.A. (P) Act was registered against him. While he was in police custody, he was served with … the copy of the approval order was furnished to the detenu on 4-2-2004. The detenu submitted his representation dated 6-2-2004 addressed to the Chief Secretary,

Suleman Shaikh Vs. District Magistrate, North Goa District and anr.

Court : Mumbai

Subject : CriminalConstitution

Acts : National Security Act, 1980 - Sections 3(2) and 4; Code of Criminal Procedure (CrPC) , 1973 - Sections 73(3) and 75; Constitution of India - Articles 21, 22, 22(1) and 226

Reported in : (2002)1BOMLR557; 2002(1)MhLj266

the same was allegedly executed, and the petitioner was taken in custody, is not in dispute at all. Section 4 of the National Security Act, 1980 provides that a detention order may be executed at any place in … the District Magistrate, North Goa District, in exercise of powers under Sub-section (2) of Section 3 of the National Security Act, 1980, with a view to preventing the petitioner from acting in any manner prejudicial to the maintenance of public

Azmad Khan Vs. the District Magistrate and anr.

Court : Madhya Pradesh

Subject : Criminal

Reported in : 1985CriLJ223

for maintaining the peace, the detenu must be detained Under Section 3(2) of the National Security Act 1980. 4. The respondent 1, while passing the order of detention dt/-31-3-1984, has complied with the provisions of National Security … Moudhapara, Police Station City Kotwali, Raipur, tahsil and district Raipur has been detained Under Section 3(2) of the National Security Act, 1980 in the Central Jail Raipur by the order of Shri Ranbirsingh, District Magistrate, Raipur, respondent 1 vide, Order

Kamleshkumar Ishwardas Patel Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 3 and 11 and 11(1); General Clauses Act, 1897 - Sections 21; Constitution of India - Articles 21 and 22(4) and (5); Preventive Detention Act, 1950; Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 - Sections 3 and 12

Reported in : 1996(53)ECC123; JT1995(3)SC639; 1995(2)SCALE681; (1995)4SCC51; [1995]3SCR279

provisions in COFEPOSA Act and PIT Narcotic Drugs & Psychotropic Substances Act differ from those contained in the National Security Act, 1980 as well as earlier preventive detention laws, namely, the Preventive Detention Act, 1950, the Maintenance of Internal Security … also revoke it. This right is inherent in the power to make the order. It is recognised by Section 21 of the General Clauses Act, 1897 though it does not flow from it. It can, therefore, be … Court, cannot be said to have been strictly observed or complied with. 43. The Full Bench of the Bombay High Court has taken note of

Tej Singh Vs. State of Rajasthan and ors.

Court : Rajasthan

Subject : Constitution

Acts : National Security Act, 1980 - Sections 3, 3(1), 3(2), 3(3), 3(4), 7, 8, 12, 12(1), 13 and 14; Constitution of India - Articles 22, 22(4), 22(5), 32 and 226; Excise Act; Prevention Detention Act, 1950 - Sections 3(1) and 4; Preventive Detention (Amendment) Act, 1951 - Sections 11(1); Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974; PIT Narcotics Drugs and Psychotropic Substances Act; Arms Act - Sections 3 and 25; Internnal Security Act, 1971; General Clauses Act, 1897; Indian Penal Code (IPC) - Sections 147, 148, 149, 295A, 298, 307, 323, 324, 332, 336, 341, 342, 353, 354, 365, 379, 380, 394, 399, 402, 427, 442, 447, 452 and 457; Code of Criminal Procedure (CrPC) - Sections 313

Reported in : 2001CriLJ4516; 2001(4)WLN500

corpus petition challenging his detentiion ordered by the District Magistrate, Karauli on 28-8-2000 under Section 3(2) of the National Security Act, 1980 (for short 'the Act') with a view to preventing him from acting in any manner prejudicial to the … confirmation of the detention order upon having received opinion of the Advisory Board through order dated 17-10-2000 (Ann. 4).3. It is not In dispute that earlier also the detenu had remained in detention from 16-4-1994 to 15-4-1995

Philomina Vs. Government of Kerala

Court : Kerala

Subject : Criminal

Acts : Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 3, 3(1), 3(2), 3(3), 3(5) and 11; Constitution of India - Article 22(1) and 22(5); Customs Act, 1962 - Sections 111 and 113; National Security Act, 1980 - Sections 3(5); Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 - Sections 3(4); Psychotropic Substances Act, 1988

Reported in : 2003CriLJ1959; 2002(83)ECC861

Act.10. To appreciate the contention, we would examine pari material provisions of the other similar enactments. In the National Security Act, 1980 similar provisions exist. Section 3(5) of the said Act provides as under:'3(5). When any order is made or … glass jar with pickle was recovered. Inside they discovered a plastic packet containing foreign currency valued at Rs. 45,43,939.05. Along with the same certain documents were also recovered which included a sheet of paper in which certain

Ranbir Singh Vs. T. George Joseph, District Magistrate, Meerut and anr ...

Court : Supreme Court of India

Subject : Criminal

Acts : National Security Act, 1980 - Sections 3(3)(, 3(4)

Reported in : 1988Supp(1)SCC425; 1988CRLR765; 1988SC(Cri)855

to confirm the impugned order of detention passed by the District Magistrate, Meerut under Section 3(3) of the National Security Act, 1980, within a period of fifteen days as enjoined by proviso to Section 3(4) of the Act. The contention

Konsam Brojen Singh Vs. State of Manipur and ors.

Court : Guwahati

Subject : Constitution

Acts : National Security Act, 1980 - Sections 3, 3(1), 8(1) and 21; Constitution of India - Articles 14, 21, 22 and 22(4) to 22(7)

question that falls for our consideration in this batch of writ petitions is whether the detenue under the National Security Act, 1980 (for short 'Act') has a right to make representation to the detaining authority in addition to his right … make representation to the detaining authority in addition to his right to file representation as provided for under Section 8(1) of the Act to the appropriate Government and whether Article 22(5) of the Constitution of India confers … unto himself; it invites anarchy'. [(See Olmstead v. United States 277 U.S. 438 (1928)]5. We saw in the past what happens when the State bends

Narender Kumar Vs. Union of India (Uoi)

Court : Delhi

Subject : Criminal

Acts : Constitution of India - Articles 226 and 239; National Security Act, 1980 - Sections 3(2); Indian Penal Code (IPC) - Sections 34, 120B, 307, 384, 392, 411 and 506; Arms Act - Sections 3, 3(4), 25, 27, 54 and 59

Reported in : 2003(68)DRJ410

Police, Delhi dated 31st October, 201 thereby ordering the detention of the petitioner under Section 3(2) of the National Security Act, 1980 (hereinafter referred to as the Act) with a view to prevent him from action in any manner prejudicial … on 1.11.2001. 2. The Lt. Governor of Delhi, exercising the powers of State within the meaning of Sub-section 4 of Section 3 of the Act approved the detention order vide an order dated 6.11.2001. The Advisory Board