MAYANK KHATRI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this petition, the petitioner has challenged the order dated 03.01.2021 whereby the detention of the petitioner has been directed for a period of three months under Section 3(2) of the National Security Act, 1980 (hereinafter referred to as 'the Act') .

(2.) The case of the petitioner is that he is engaged in the business of selling agricultural equipments, fertilizers and pesticides through its firm "Amar Krishi Farm". On 21.11.2020 the inspection of the premises of the petitioner was carried out and fertilizers and pesticides were seized by the S.D.M., who had come along with the Dy. Director, Agriculture and his team. The FIR dated 22.12.2020 in Crime No.762/2020 was lodged against the petitioner and other persons alleging commission of offence under Section 417, 420 of the Indian Penal Code, Section 3-13 and 18 of the Insecticides Act, 1968 and Rules of 1971 as well as Section 7-12-13 and 19- 21 of the Fertilizer (Control) Order, 1985 and Section 3 and 7 of the Essential Commodities Act on the premise that the petitioner was manufacturing fake/sub-standard fertilizers and pesticides by mixing material like salt, coal, marble powder, colour etc. which was harmful to the crop and causing damage to the agriculturists. The petitioner was taken in custody on 22.12.2020. The samples collected from the petitioner's premises were found to be misbranded.

(3.) Further facts are that the respondent No.4 had sent the recommendation to the respondent No.3 for initiating action under the NSA and the respondent No.3 had further sent the recommendation on 24.12.2020 to respondent No.2 to take action against the petitioner under Section 3(2) of the Act. The District Magistrate thereafter had passed the impugned order dated 03.01.2021.