VISHNU GUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this petition, the petitioner has challenged the order dated 27.01.2021 for detaining the petitioner for a period of three months under Section 3(2) of the National Security Act, 1980 (hereinafter referred to as 'the Act' ). The grounds of the detention served upon the petitioner indicate that the petitioner was alleged to have involved in the activity of manufacture of substandard Ghee.

(2.) The case of the petitioner is that he manufactures Ghee and Mawa at his residence and sells it from his shop. On 22.01.2021 inspection of the house of the petitioner was done wherein boxes of Dalda, Soyabean Oil and Ghee was found, hence Crime No.80/2021 for offence under Sections 420, 272 of IPC and Section 51, 52, 26(2) of Food Safety and Standards Act, 2006 was registered and the petitioner was arrested and taken in custody. Thereafter, the District Magistrate had passed the impugned detention order on 27.01.2021. The grounds of detention were served upon the petitioner. The State Government vide order dated 02.02.2021 had approved the detention order. The Advisory Board had also found that sufficient ground exists for detention and the State Government vide order dated 08.03.2021 had confirmed the detention order.

(3.) The main ground raised in the petition is that the detaining authority has not applied his mind about the fact that the petitioner was already in custody and there was no possibility of his release.