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Mynotes_247 MP HIGH COURT JJA ENGLISH MOKE TYPING TEST 10 *
created Thursday November 21, 09:25 by Anamika Shrivastava
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Even assuming all the aforesaid facts to be correct, the exercise of the said Act in respect of the incident is shocking Writ Petition and unsustainable. That such a proposal was made, received the imprimatur of the senior officer and even of the Advisory Board does not reflect well on the manner in which the authorities exercise their mind by invoking the provisions of the said Act. A reading of the statement of object and reasons of the Act would show that it was to control the anti social and anti national elements including secessionist, communal and pro - caste elements, that affect the services essential to the community, thereby posing a grave challenge. This was particularly in respect of defence, security, public order and services essential to the community which have resulted in the National Security Ordinance, 1980 being promulgated and the Act was to replace the ordinance.We find no element present in the case for exercise of this power of detention and extension of detention and have no hesitation in quashing the proceedings under the said Act as wholly without any basis. It is a clear case of non application of mind of all the authorities concerned. We have already noticed that petitioner had already obtained bail in respect of the offences charged. We thus allow the writ petition in the aforesaid terms directing that the petitioner should be set at liberty forthwith. Information be sent to the District Jail Rampur, Uttar Pradesh, immediately. After respective arguments has been advanced, the factual situation that is so emerging in the present case is that vehicle with registration and vehicle with registration has been seized by the police on 10th August, 2014 for transporting minor mineral (sand). The minor mineral (sand) in question has been loaded against receipt to the tune of 50 tonnes and at the point of time when said seizure has been carried out, it was found that it was overloaded and accordingly truck in question was challaned by the Inspector under Section 207 of Motor Vehicle Act and information was also given to the Mines Department and
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