SONU BAIRWA Vs. STATE OF M. P.

JUDGEMENT

(1.) The petitioner has invoked the jurisdiction of this Court under Article 226 of the Constitution to assail the order dated 17/5/2021 whereby the District Magistrate in exercise of power u/S.3(2) read with (3) of National Security Act, 1980 (for short "NSA Act") detained the petitioner.

(2.) The petitioner was detained by District Magistrate by stating that the petitioner indulged in black marketing of Remedesivir injections. Two such injections were recovered from him. In a situation when highest numbers of Covid patients were there at Indore, the act of petitioner has caused serious threat to the 'public order'. In view of aforesaid conduct, the detention order was passed and the grounds therefor were supplied to him.

(3.) Criticizing this order Shri Maheshwari, learned counsel for petitioner submits that detention order was supplied to the uncle of the petitioner and it was not supplied to his parents. This runs contrary to the observations made by Supreme Court in A.K. Roy Vs. Union of India, 1982 1 SCC 271.