SANJAY KURMI Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner is the brother of the detenu. The detenu is working as a salesman in a fair price shop under the Madhya Pradesh Public Distribution System (Control) Order, 2015 located at Village Bilha Code No.3314003, Tahsil Shahpura, District Jabalpur.

(2.) On 7/4/2022, the officers of the Crime Branch informed the District Supply Controller regarding the PDS of wheat and rice sacks were assorted at different locations. A raid/search was made in the house of one Lakhan Patel located near Bhedaghat Chowk, Jabalpur. They seized 150 sacks of wheat and 3 0 sacks of rice. An FIR was registered in Crime No.146/2022 at Police Station, Bhedaghat for offences punishable under Ss. 406 and 34 of IPC along with Ss. 3 and 7 of the Essential Commodities Act, 1955. Thereafter, the detenu sought for bail before this Court. By the order dtd. 7/5/2022 passed by this Court in M.Cr.C. No.22964 of 2022 he was released on bail. The impugned order of detention was passed by the competent authority namely the District Magistrate under sub-Sec. (1) and (2) of Sec. 3 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 (for short "the Act"). Questioning the same, the instant petition is filed.

(3.) S h r i Naman Nagrath - learned Senior Counsel appearing for the petitioner's counsel submits that the order of detention is illegal. That the Signature Not Verified SAN grounds of detention do not indicate or justify the action sought to be taken in Digitally signed by TAJAMMUL HUSSAIN putting the petitioner under preventive detention. That the detenu is only a KHAN Date: 2022.06.14 19:50:07 IST salesman. That he is not concerned with any of the offences as sought to be made out by the respondents. That even otherwise the ingredients of sub- Sec. (1) and (2) of Sec. 3 of the Act are not made out in the instant case. Hence, he pleads that the petition be allowed by releasing the detenu from custody.