ANISHA BEGUM Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is aggrieved with the order dated 01.04.2021 passed under Section 3(2) of the National Security Act, 1980 (hereinafter referred to as ' the Act ') for detaining the petitioner's son Sheikh Faizan for a period of three months as also the order dated 11.06.2021 by which the detention period has been extended for further three months up to 02.10.2021.

(2.) The case of the petitioner is that the petitioner's son Sheikh Faizan was involved in Crime No.549/2016 for commission of offence under Section 302/34 of IPC and was acquitted by the judgment dated 15.11.2017 in Criminal Case No.118/2017 by Kishore Nyay Board, Jabalpur and that the case in Crime No.68/2021 under Section 328/34 of Indian Penal Code and Section 5/13 of the M.P. Drugs (Control) Act was registered against the detenu and the petitioner's husband and thereafter the detention proceedings were initiated leading to the passing of the impugned order.

(3.) The respondents have filed their reply disclosing that the petitioner's husband Sheikh Ramjan is running a medicines store in the name and style of Kudrat Medical Stores and the detenu is also working in that Store. On 06.02.2021 the police had come to the house of the petitioner and had seized huge quantity of Kufdeine cough syrup, Maharex cough syrup, Onerex cough syrup, Spasmo Proxyvon Plus capsules, Spas & Trancan Plus capsules and Proxymed Spas capsules and 07 boxes of Life Inject company with 100 syringes of 5 ml each in each box and 332 syringes of 5 ml each of Dispovan company. The offence under Section 328/34 of IPC and Section 5/13 of the M.P. Drugs (Control) Act, 1949 were registered against the petitioner's husband and detenu vide FIR No.68/21 at Police Station Omti. Earlier also, an offence under Section 302/34 of the IPC was registered against the detenu. On account of the aforesaid, the detention order was passed and detention order along with the grounds of detention were served upon the petitioner. The Advisory Board had opined that there was sufficient cause for detention of Sheikh Faizan and accordingly the State Government vide order dated 13.05.2021 had confirmed the detention order and subsequently vide order dated 11.06.2021 period of detention was extended.