SURESH UPADHYAY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In the present petition, powers of judicial review under Article 226 of the Constitution of India is invoked to assail the legality, validity and proprietary of order of preventive detention passed by the District Magistrate, Bhopal on 25/6/2021 by invoking Sec. 3 (1) of the Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (for brevity "Act of 1980").

(2.) The petitioner has challenged the order dtd. 25/6/2021 (Ann.P.1) with the contention that he was served with the show cause notice dated 18.6.2021regarding certain irregularities in procedure and distribution of the essential commodities, in pursuance of which he submitted the reply on 1/7/2021, and even prior to the cut off date the order was passed. It is also contented that FIR was also registered against the petitioner under Sec. 3/7 of Essential Commodities Act at Crime No.225/2021. Upon filing an application for grant of anticipatory bail, the same was allowed by this Court vide order dtd. 30/11/2021 passed in M.Cr.C.No.48806/2021. It is further contended that upon appearing before the concerning police station on 7/12/2021 for furnishing the bail the police arrested the petitioner on the same day i.e. on 7/12/2021 and sent him to jail.

(3.) After filing of the return by the State government the petitioner prayed for and was permitted to amend the writ petition vide order dtd. 2/2/2022 whereby the petitioner has also challenged the order dtd. 6/7/2021 (Ann.P.3) and order dtd. 12/7/2021 (Ann.P.4) with the contention that the petitioner came to know about the said orders for the first time after filing of this petition.