AASEFA KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has invoked the jurisdiction of this Court under Article 226 of the Constitution to assail the detention order dated 19/5/2021 (Annexure R/4) passed by District Magistrate, Indore whereby corpus is detained in exercise of power u/S.3 of the National Security Act, 1980 (NSA Act).

(2.) The stand of petitioner is that FIR dated 1/5/2021 (Annexure R/2) was lodged against the detenue on 1/5/2021. The detenue was arrested in pursuant to said FIR on 13/5/2021. The detention order was passed on 19/5/2021. Detenue was formally arrested in furtherance of detention order under NSA Act on 5/6/2021.

(3.) Shri R.S.Chhabra, learned counsel for petitioner submits that no Remdesivir injection was recovered from the detenue. An amount of Rs.1200/- was allegedly recovered from him. Detenue was arraigned solely on the basis of a memorandum of co-accused prepared u/S.27 of the Indian Evidence Act. The report of Superintendent of Police (Annexure R/7) dated 18/5/2021 shows that there exists an enclosure to it namely "Aparadh Parishist". This enclosure was neither produced before the District Magistrate nor supplied to the detenue. Thus, in view of Union of India Vs. Ranu Bhandari (2008) 17 SCC 348, the detention order stands vitiated.