PRAKASH YADAV Vs. DISTRICT MAGISTRATE LUCKNOW

JUDGEMENT

(1.) THE petitioner was detained under Section 3 (3) of the Nation al Security Act, mainly on the ground that he adulterated the milk with a substance, i. e. Urea, which is injurious to health, as a result of which the public order was dis turbed to such an extent that people slated throwing away cans of the milk vendors.

(2.) THIS was the solitary incident upon which the petitioner was detained. We are of the view that the provisions of the Adul teration Act would have been adequate procedure for the arrest of the petitioner and the investigation of the case. Resort to National Security Act on such matters is not desirable, particularly when such an incident might have disturbed the law and order which cannot be equated with distur bance of public order. It cannot be ac cepted that the public order was disturbed to such an extent where provisions of Na tional Security Act, should have been in voked. Besides the aforesaid reasons, there is considerable delay i. e. of 20 days in disposal of the representation by the State Government which has not been properly explained in the counter-affidavit.