NIRMALJEET KAUR Vs. STATE OF M P

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner prays for quashment of the order dated 20.4.2006 (Annexure P1), passed by respondent No. 1 State of M.P., to quash the order dated 28.2.2006 (Annexure P2A) passed by respondent No. 2 District Magistrate, Barwani and to revoke the detention order of petitioner's husband-Devindersingh-detenu and opinion dated 17.4.06 (Annexure P5) of the Advisory Board, Jabalpur.

(2.) Factual matrix as available in the petition as well as in the return submitted by the respondents, in brief, is that the petitioner's husband Devindersingh son of Shri Gyansingh has been detained by virtue of order Annexure P2A (R/1) passed by respondent No. 2 District Magistrate Barwani in exercise of powers conferred by sub-section (2) of Section 3 of the National Security Act (hereinafter referred to as the 'Act' for short) dated 28.2.2006. This order was confirmed by order Annexure P1 passed by the respondent No. 1 State Government as per provision under Section 12 Sub-section (1) of the Act.

(3.) The detention of the detenu Devindersingh is based on the ground referred to in Annexure P2 that he had shifted from Amritsar (Punjab) to village Salikala District Barwani and running a hotel (Dhaba) since 1996-97. In his hotel, he was illegally and surreptitiously supplying liquor to the drivers and passengers. He was also indulged in illegal purchase of O.P. (spirit) from the tanker-drivers who were passing through Agra Bombay Road going to Maharashtra and other States and the said spirit was being supplied to the tribal by use of threat and inducement. Because of illegal business of sale of O.P. (spirit) by the detenu nine tribals residents of village Matli within the jurisdiction of P.S. Rajpur District Barwani had lost their lives. Apart from these nine tribals, three more tribals named Jalabsingh, Mohansingh and Rameshwar had also died on 30.1.06 because of use of O.P. (spirit) which was supplied by the detenu to tribals Iram s/o Nathu Barela, and others. Mukesh s/o Rajaram, Mahariya s/o Ediya, Dita s/o Mahariya, Ramlal s/o Ganpat, Bhavsingh s/o Shankar, Mahariya s/o Ravja fell ill due to consumption of O.P. (spirit). It is also stated in the grounds of detention that because of illegal sale of spirit/liquor to the tribals, there was tension in the general public and disturbance to the maintenance of public order in the tranquillity and that in order to make liquor more effective and intoxicant, detenu used dangerous and prohibited chemicals like methyl alcohol and urea as additives and in the result of consumption of such liquor, several persons died and also fell ill in village Salikala on 30.1.06.