BALMUKUND GARG Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner before this Court has filed this present petition being aggrieved by the order dated 24.08.2019 passed by the District Magistrate, Barwani under the provisions of National Security Act, 1980.

(2.) The petitioner's contention is that he is running a firm in the name and style of "M/s Balmukund Mohanlal" registered with the Food Department and on 05.08.2019, the officer of the Food Department conducted a raid at his premises and seized certain materials. The material was forwarded for analysis and F.I.R. was also registered in the matter.

(3.) It has been further contended that thereafter, an order of detention has been passed on 24.08.2019 under the provisions of National Security Act, 1980. It has been stated that only one case was registered against the father of the petitioner, Mohanlal i.e. Case No.33/2013 for the offence under Section 26(2)(ii) r/w section 52 of the Food Safety and Standards Act, 2006 and a fine was imposed against his father on 31.07.2014. The petitioner's contention is that on the basis of solitary incident / registration of a case under the Food Safety and Standard Act, 2006, the petitioner could not have been detained under the National Security Act, 1980.