LAXMI SAGAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed under Article 226 of the Constitution of India, against the order of detention dtd. 5/10/2021, passed by the Respondent No.2, District Magistrate, Indore whereby, while exercising its power under Sec. 3(2) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (hereinafter referred to as the Act of 1980) the petitioner's son Ajay Sagar has been detained for a period of six months (although in the impugned order the period is not specified).

(2.) The petition has been filed at the instance of the mother of the detune Ajay Sagar.

(3.) In brief, the facts giving rise to the present petition are that the respondent No.4/Station House Officer, Police Station Aazad Nagar, Indore, on a complaint made by Mahadev Muvel, Junior Supply Officer, Collector Office (Food) registered the FIR dtd. 29/9/2021, at Crime No.663/2021 for offences punishable under Ss. 420, 120-B and 406 of the Indian Penal Code, 1860 and Sec. 3 and 7 of Essential Commodities Act, 1955 (hereinafter referred as the E.C. Act). It was alleged in the FIR that a joint inspection team searched the premises of M/s Palak Agro Industry Rice Mill situated at Nemawar Road, wherein a vehicle bearing registration No. MP 09 LQ 9735 was spotted. In the aforesaid vehicle 40 bags filled with food grain were also found. It transpired that out of these 40 bags, 30 bags were bought from a fair price shop and thus, on 27/9/2021 the detenu's shop by the name and style Ahirkhedi Mahila Sahkari Upbhokta Bhandar having Code No.08016060 was also searched wherein the detenu informed the team that co-accused Mamta is the President and Anshulika is the salesperson of the aforesaid shop. In the aforesaid search, it was found that the accounts of the shop were not kept in order as no sale register was maintained. Pursuant thereto, on 5/10/2021, the respondent No. 5 i.e. In-charge District Supply Controller, Indore informed the respondent No.2 about the alleged offences committed by the accused persons. Acting upon which, while exercising its power conferred under Ss. 3 (1) and 3(2) of the Act of 1980, the respondent No.2 passed the impugned order dtd. 5/10/2021, directing detention of the detenu for an unspecified period.