VIJAY KUKREJA Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition, the petitioner has challenged the order dated 18.02.2021 in respect of the preventive detention under Section 3(2) of the National Security Act, 1980 (for short 'NSA') for a period of three months.

(2.) The case of the petitioner is that he is lawfully engaged in the business of making 'deep liquid' which is used for the purpose of religious activities, prayers and offering in religious rituals. It is not an edible item and is only meant for non-human consumption. The petitioner is registered manufacturer who has obtained the trademark and has also obtained all the necessary permissions and licences in this regard. Further case of the petitioner is that on 17.02.2021, he was taken into custody by the respondents at Gwalior from Govind Ashram and he was produced before the Magistrate on 19.02.2021 and has been sent to jail. On 19.02.2021, the impugned order was supplied to the relatives of the petitioner. Further case of the petitioner is that earlier an unauthorised inspection of the petitioner's premises was done by the concerned respondents, therefore, the petitioner had filed application under Section 102 of the Cr.P.C. before the Chief Judicial Magistrate, Jabalpur on 23.01.2021. On that application, the Chief Judicial Magistrate had passed the order dated 30.01.2021 which is partly in favour of the petitioner. Further allegation of the petitioner is that the respondents during the search and seizure had misappropriated certain amount and had committed irregularities.

(3.) The respondents have filed their reply stating that on 09.02.2021 SHO Police Station Madhotal had forwarded the report to Superintendent of Police, Jabalpur mentioning about the information received from Food Safety Administration in respect of manufacturing of adulterated ghee in the name of 'deep liquid' by the petitioner. The Superintendent of Police thereafter had submitted the report to the District Magistrate on 11.02.2021. The District Magistrate on reaching the subjective satisfaction has passed the impugned detention order dated 18.02.2021 and had served the same alongwith the grounds of detention to the petitioner. It has further been disclosed that the State Government has approved the order of detention on 24.02.2021 and 25.02.2021.