GANGARAM PRAJAPATI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In the present petition, powers of judicial review under Article 226 of the Constitution of India is invoked to assail the legality, validity and proprietary of order of preventive detention passed by the District Magistrate, Bhopal on 6/7/2021 by invoking Sec. 3 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 (for brevity "Act of 1980").

(2.) Lot many grounds have been raised by learned counsel for petitioner in support of challenge to the aforesaid order but the ground which appeals to this Court is that the order of preventive detention was passed by the District Magistrate on 25/6/2021 but the matter was sent to the State Government around 5/6/7/2021 for approval.

(3.) Learned counsel for State submits that since the petitioner could be physically detained on 6/7/2021, the District Magistrate could only thereafter forwarded the case along with grounds of detention to the State Government for approval under Sec. 3(3) of the Act of 1980.