VIJAY GUPTA Vs. STATE OF M. P.

JUDGEMENT

(1.) The petitioner is aggrieved with the order dated 13.01.2021 passed by the District Magistrate, Jabalpur under Section 3(2) of the National Security Act, 1980 (for short 'NSA') for a period of three months.

(2.) The facts in nutshell are that on 20.12.2020, the Food Safety Officer had submitted a representation to the Police Station, Sanjeewani Nagar alleging that the petitioner is making artificial Ghee by using edible oil, Vanaspati Dalda and essense of Ghee. On that basis, the action was initiated against the petitioner. On 24.12.2020, the Superintendent of Police had forwarded its report alongwith a report of Food Analyst to District Magistrate, Jabalpur for initiating proceedings under the NSA against the petitioner. The District Magistrate had passed the impugned detention order on 13.01.2021 and had supplied the same to the petitioner alongwith the report of the responsing authority, SHO and report of the Food Safety Officials. The detention order was approved by the State Government on 18.01.2021 and; thereafter, the Advisory Board constituted under Section 9 of the Act had opined that there was sufficient cause for detention. The State Government had affirmed the order of detention by confirmation order dated 09.02.2021. During the course of arguments, the learned Deputy Advocate General for the State has informed that the detention order has been extended upto 15.07.2021 by order dated 12.04.2021. On 20.12.2020, Crime No.424/2020 for offence punishable under Section 420 of the Indian Panel Code (IPC) read with Section 51, 52, 26(2) of the Food Safety and Standard Act, 2006 (FSSA) was also registered at Police Station, Sanjeewani Nagar, District Jabalpur and the petitioner was taken in custody. The petitioner was granted bail on 04.01.2021.

(3.) Learned counsel for the petitioner submits that the petitioner has remained in detention for about five months and a copy of the report of Advisory Board has not been supplied and the Ghee allegedly seized from the petitioner is not harmful and it is not a case of disturbing public order. He has also submitted that at the most offence under the FSSA is made out and petitioner has no criminal past, therefore, provisions of NSA have wrongly been invoked.