SATYNARAYAN @ NARAYAN LUNIYA Vs. STATE OF M. P.

JUDGEMENT

(1.) The petitioner before this Court has filed present petition being aggrieved by order dated 28/01/2019 passed by respondent No.2 - District Magistrate, Indore.

(2.) Learned Senior Counsel has argued before this Court that the impugned order of detention is an illegal order as it has been passed for an indefinite period and the same deserves to be quashed in light of the judgment delivered by the apex Court in the case of Commissioner of Police and Another Vs. Gurbux Anandram Bhiryani reported in 1988 (Suppl) SCC 568.

(3.) It has also been argued that at the time the impugned order was passed, the petitioner was already in jail in respect of some other criminal case. He was arrested on 17/01/2019 and he was in custody in respect of a criminal case relating to murder of one Sandeep Agrawal @ Sandeep Tel. He was in police custody from 17/01/2019 and the order of detention has been passed under the National Security Act, 1980.