ASHOK KANJAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Present petition is under Article 226 of the Constitution of India in the nature of certiorari taking exception to the order dtd. 21-01-2021 passed by the Collector/District Magistrate, Shivpuri (Annexure P/1) whereby provision of Sec. 3(2)(3) of the National Security Act, 1980 (hereinafter referred to as 'the Act') has been invoked and petitioner has been directed to be detained for 3 months at Circle Jail Shivpuri.

(2.) Precisely stated facts of the case are that petitioner is resident of Tahsil Karera District Shivpuri and is living within the territorial jurisdiction of this Court. It appears from the pleadings that for last almost 17 years petitioner faced different criminal cases/charge-sheeted for alleged commission of different offences, particulars of which are placed with the petition and on the basis of those cases as well as apprehension of the authorities that petitioner may commit breach of public order, proceedings were initiated under the Act against the petitioner which culminated into passing of impugned order dtd. 21-01-2021 by the District Magistrate, District Shivpuri.

(3.) From the pleadings, it appears that on 18-01-2021 a case was registered against the petitioner vide Crime No. 39/2021 at Police Station Karera District Shivpuri for the alleged offence under Sec. 34(2) of the M.P. Excise Act in which it was found that at his place of residence petitioner was involved in manufacturing of adulterated liquor using urea and other adulterated ingredients to manufacture adulterated country made liquor for consumption in the vicinity. Since petitioner had chequered history of 12 cases, therefore, SHO, Police Station Karera District Shivpuri (respondent No. 4 herein) prepared a detailed note of the activities of the petitioner and his conduct and vide recommendation dtd. 21-01-2021 recommended to Superintendent of Police, Shivpuri (respondent No. 3 herein) to invoke the provisions of Sec. 3 of the Act since the petitioner is having criminal history of around 12 cases and is a threat to Public Order. On such recommendation, respondent No. 3 initiated the proceedings against the petitioner under the provisions of the Act and list of 12 cases and discussion regarding his activities amounting to threat to public order was recommended to District Magistrate, Shivpuri on 21-01-2021 itself. District Magistrate, Shivpuri (respondent No. 2 herein) after considering the fact situation, recommendations, conduct of petitioner and the statement of prosecution witness (Dr. Narayan Singh Kushwah Medical Officer, Community Health Center, Karera) passed the impugned order of detention in exercise of power under Sec. 3(3) of the Act. Being crestfallen by the said order of detention, petitioner has preferred this petition.