DEEPAK GUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition is directed against the order of learned District Magistrate, Shahdol whereby he has detained the petitioner by exercising power under Section 3 of the National Security Act, 1980. The singular ground to assail the impugned order is that in the detention order, the learned District Magistrate has not mentioned that petitioner has a valuable right to prefer a representation against the detention order before the same authority namely District Magistrate. The matter is covered by Full Bench decision in WP No.22290/2019 (Kamal Khare Vs. State of MP) .

(2.) Shri Vivek Dalal, learned Additional Advocate General for the respondents/State fairly admitted that the detention order does not contain any such stipulation that petitioner can prefer representation against the detention order before the same authority. He further agreed that on this ground, Full Bench in Kamal Khare (supra) has held that the detention order stands vitiated because of infringement of said right.

(3.) There is no dispute between the parties that the singular point involved is covered by Full Bench in Kamal Khare (supra) which is consistently followed by this Court in various cases including WP No.9792/2021 (Yatindra Verma vs. State of MP & Ors.) . In WP No.9792/2021 , this Court opined as under:-