RAJNEESH VERMA Vs. STATE OF M.P.

JUDGEMENT

(1.) By this petition, the petitioner has challenged the order dated 01.12.2020 passed by the District Magistrate, Jabalpur in respect of the detention under Section 3(2) of the National Security Act, 1980 for a period of three months from the date of actual detention. The detention order has subsequently been extended upto 02.06.2021.

(2.) Facts, in nutshell, are that the Superintendent of Police, Jabalpur had submitted the report dated 01.12.2020 before the District Magistrate stating that as many as five cases were registered against the petitioner under the IPC, Arms Act and a recent case under Section 25/27 of the Arms Act and under Section 39 and 51 of the Wild Life Protection Adhiniyam was also registered. Alongwith the report, the Superintendent of Police had submitted the criminal record of the petitioner. The District Magistrate had passed the detention order dated 01.12.2020 in respect of the petitioner's detention for a period of three months. The detention order alongwith the entire material forming basis of detention was served upon the petitioner and a copy of the detention order was also forwarded to the State Government by the District Magistrate. The State Government vide order dated 07.12.2020 had approved the detention order. The matter was also placed before the Advisory Board constituted under Section 9 of the National Security Act and the Advisory Board had formed the opinion that there is sufficient cause for detention of the petitioner. The State Government had confirmed the detention order vide order dated 30.12.2020.

(3.) Learned counsel appearing for the petitioner submits that out of five cases registered against the petitioner, he has been acquitted in two cases. He further submits that in respect of the case which is registered in 2020, at the time of seizure of the pistol and bullets, the petitioner was not present on the spot and in that case he has been granted bail by this Court. He further submits that no prior preventive order has been passed. In support of his submission, he has placed reliance upon the judgment in the matter of Rajendra Kumar Jain vs. State of M.P., 2015 (1) MPWN 37 and Sunil Tiwari vs. State of M.P. and others 2009 (2) MPHT 297.