VIVEK JAIN Vs. STATE OF M P

JUDGEMENT

(1.) This petition has been filed by Anil Kumar Jain on behalf of his son Vivek Jain for quashing the order of detention (Annexure P/2) passed by the District Magistrate, Gwalior on 11.6.2013 under Section 3(2) of the National Security Act, 1980 (hereinafter referred to as the Act), whereby the petitioner has been taken into custody and detained and the order passed by the State of M.P. (Annexure P/1) approving the detention order passed by the District Magistrate, Gwalior.

(2.) Factual matrix in brief is that the District Magistrate, Gwalior has passed the order on 11-06-2013 (Annexure P/2) in exercise of powers under Section 3(2) of the National Security Act, 1980 detaining the petitioner for one year. The order passed by the District Magistrate has been approved by the State Government vide order dated 03-08-2013. The order of detention is based on the ground referred to in Annexure P/3 that the petitioner is engaged in manufacturing adulterated Deshi Ghee in the name of branded companies causing danger to the health of the residents/consumers. It is further mentioned that the petitioner had earned huge money from the aforesaid business. It is further mentioned that nobody was willing to lodge report against the petitioner because he has created terror and fear in the area. It has further been mentioned that on 27.10.2012 S.H.O., Bahodapur,on receipt of the information that petitioner was engaged in manufacturing of adulterated Ghee, has informed the SDM, Gwalior Smt.Vidisha Mukherjee, Shri Rakshpal Singh, CSP, Gwalior, Sushri Savita Saxena, Food Security Officer, Gwalior, thereafter, raid was conducted in the factory premises of the petitioner. The petitioner was found in the house belonging to Ruby Bai alongwith his associates manufacturing the adulterated Ghee. The Ghee was being packed on the wrapper of Mother Choice trade mark and various other brand rappers. During raid the articles used for adulteration and also wrappers of various brand names along with about 26 Tins of Dalda, 31 Tins containing Pam oil and also number of cartons containing adulterated Ghee were found.

(3.) Learned counsel for the petitioner has submitted that the impugned action is arbitrary, illegal and contrary to law. It is further submitted that District Magistrate has not informed the petitioner that petitioner should file the representation before the Central Government thus the right of petitioner is adversely affected under Article 22(5) of the Constitution of India. The detention order has been passed on 11.6.2013 and the representation has been sent by the petitioner on 24.6.2013 but the same has been decided on 3.8.2013, thus there is inordinate delay in deciding the representation and there is no explanation about the delay. It is further submitted that the District Magistrate has not supplied the copy of the documents on which he relied upon and passed the impugned order. The District Magistrate and the Secretary has not considered the fact that same offence has been registered against the co-accused Sunil Singh Chouhan but the S.H.O.has not sent the report for taking action under Section 3(2) of National Security Act, 1980 against Sunil Singh Chouhan. Hence the impugned order deserves to be set aside.