STATE OF M P Vs. UNION OF INDIA

JUDGEMENT

(1.) Though respondent No. 2 has been served, nobody has filed power on behalf of respondent. Shri Yogesh Chaturvedi Advocate, appeared on behalf of respondent No. 2 and he argued upto some length. Thereafter, he submitted that respondent No. 2 wants to file reply. However, from record it transpires that respondent No. 2 deliberately has not filed reply though notice was served on him on 24-1-2011. In our opinion, this has deliberately been done to delay the decision of the petition. Looking to the nature of the case that detention of respondent No. 2 under the National Security Act, 1980 has been cancelled by the Union of India vide impugned order, Annexure. P-l, hence, petition has been heard and disposed of finally.

(2.) Petitioners have filed this petition against the order dated 8-12-2009, Annexure P-l, passed by the Union of India.

(3.) District Magistrate, Gwalior passed a detention order of respondent No. 2 under section 3 (2) of the National Security Act, 1980, hereinafter referred to as the 'Act of 1980'. It has been mentioned in the order that he is satisfied that the activities of respondent No. 2 are prejudicial to maintenance of supplies and services essential to the community, hence, detention of respondent No. 2 is necessary under the provisions of sub-section (2) of section 3 of the Act of 1980 and the grounds of detention are mentioned in the order dated 13-10-2009, Annexure P-2. It has been mentioned in the order that respondent No. 2 was in the business of manufacturing synthetic Ghee in the factory, named, as Hind Dairy and Food Products, B-58, Industrial Area, Maharajpura, District Gwalior and due to the aforesaid act of the respondent No. 2 there was danger to the health of the resident consumers. It has further been mentioned that nobody was willing to lodge report against respondent No. 2 because he had created terror and fear in the area. Respondent No. 2 had earned huge money from the aforesaid business and raids were conducted on number of times at the factory premises of respondent No. 2 and samples were taken and sent to State Food Laboratory, Bhopal and the samples of Ghee seized from the factory premises of respondent No. 2 were found adulterated/synthetic and he had been continuously manufacturing synthetic Ghee, due to which there was danger to the health of the society and looking to possible unrest and Law and Order problem detention of respondent No. 2 is necessary.