PADAM SINGH Vs. DISTRICT MAGISTRATE AGRA

JUDGEMENT

(1.) This petition was filed by Padam Singh, the petitioner, against his detention under Sec. 3(2) of the National Security Act, 1980 (hereinafter called as the 'Act'). The impugned detention order is dated 1-7-1999.

(2.) The facts of the case, in brief, are that on 1-6-1999 at about 9.30 in the morning a raid was conducted at the dairy of the petitioner in village Khanda, P. S. Barhan, District Agra, by the S.D.M., Etmadpur, along with Circle Officer, Etmadpur, Food Inspector, Etmadpur, and S.H.O., Barhan, with other police personnel. In the search of the dairy, it is alleged, large quantity of synthetic milk some chemicals and apparatus for preparing such synthetic milk were recovered. Since the petitioner was unable to produce any licence for the manufacture of synthetic milk as well as for the possession of chemicals, he was taken into custody. The prepared milk and other articles relating to preparation of such milk were also seized, vide its seizure memo. Some other persons, viz. Pahunchi Lal, Hari Om and Nepal Singh were also arrested from their dairies along with the petitioner in simultaneous raids in their dairies. Accordingly, a case was registered, vide Crime No. 98 of 1999 under Sec.7/16 of the Prevention of Food Adulteration Act read with Rule 50(1) and Sec. 272/273, I.P.C. through General Diary Entry No. 24 at 3.00 P.M. on 1-6-1999. Copies of the F.I.R. and relevant G.D. entry were appended along with the grounds of detention. Statements of the witnesses were recorded and the spot inspection map was prepared. Copies of the statements of the witness and site map were also provided along with the detention order. Statements of some of the officials, who participated in the raid, were also recorded by the second I.O., Bhagwan Das. Some statements of the residents of village Khanda, viz. Purshottam, Suresh Chandra, Prabhu Dayal, Maharaj Singh, Shyamveer, and Satish Kumar, Advocate, were also recorded by the I.O.

(3.) It is alleged that from a perusal of their statements it is available that because of the information of manufacturing of synthetic milk by the petitioner, feeling of fear and anger were generated amongst the people and they stopped purchasing and consuming milk. This has resulted into rise of price of pure milk and supply of this essential commodity was badly. affected. This caused disruption in the maintenance of public order as well as maintenance of supply and essential services to the community. Copies of the statements of the abovesaid witnesses were also furnished along with the grounds of detention. To the abovesaid effect also an entry at 11.30 P.M. was entered in the General Dairy, vide No. 30, on 24-6-1999 and another G.D. Entry at Sl. No. 10 at 8.00 A.M. on 25-6-1999 was made by the S.H.O. Copies of these G.D. entries were also furnished along with grounds of detention.