LAXMINARAYAN Vs. HOME DEPARTMENT

JUDGEMENT

(1.) Heard.

(2.) By this writ petition under Article 226 of the Constitution of India, the petitioner ­ detenu ­ Laxminarayan S/o. Dhannalal Gupta, is challenging the order dated 12.1.2016 passed under Section 3 (2) of the National Security Act, 1980 (hereinafter referred as 'NSA') as well as by the District Magistrate, Indore and order dated 11.4.2016 passed by the State Government whereby, the petitioner has been detained under the provision of NSA initially for a period of 3 months, which has been additionally extended for a period of 3 months. Both the orders of detention are challenged by the petitioner mainly on the ground that the same has been passed without applying the mind and the authority has no jurisdiction to extend further period of 3 months. It has also been stated that within the period of 12 days approval has not been obtained by the respondent No.2 from the State Government.

(3.) Brief facts of the case are that on 1.1.2016 an order has been passed under Section 144 of Cr.P.C for restricting the sale of intoxicated medicines without medical prescription prescribed by the registered medical practitioner.