MANGILAL GUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution challenges the detention order dated 19/05/2021 whereby the District Magistrate, Indore has detained the son of the petitioner (detenu) by invoking Section 3 of National Security Act, 1980 (hereinafter called "NSA Act").

(2.) Criticizing this order, Shri Manish Kumar Vijaywargiya, learned counsel for the petitioner submits that the detenu was arrested in Crime No.474/2021 on 13/05/2021. The Superintendent of Police recommended detention of detenu on 18/05/2021 (Annexure P/3). In turn, the District Magistrate passed the impugned order on 19/05/2021.

(3.) Learned counsel for the petitioner submits that petitioner's name does not find place in the FIR. The petitioner is subsequently arraigned during investigation on the basis of a memorandum of co-accused prepared under Section 27 of Indian Evidence Act. The detenu was already in custody when detention order was passed. Three ingredients which are required to be satisfied for such detention, are not fulfilled. There is no criminal record of the detenu. The reliance is placed on ( Shalini Soni (Smt.) & Ors. vs. Union of India & Ors. , 1980 4 SCC 544) to bolster the submission that District Magistrate has passed the order without application of mind.