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Showing contexts for: Section 12 essential commodities act in Smt. Neetu Agrawal vs State Of M.P. Through Home Department ... on 2 November, 2020Matching Fragments
11- On the other hand a detailed and exhaustive reply has been filed in the matter and the stand of the State Government is that in a short span two cases were registered against the husband of the petitioner i.e. on 27/06/2020 and 18/07/2020 at Police Station Neemuch Cantt and Police Station Baghana for offences punishable under Section 420 of the Indian Penal Code, 1860 read with Section 3 and 7 of the Essential Commodities Act, 1955 .
12- The respondents have also stated that a report was forwarded to the Superintendent of Police by District Magistrate keeping in view Section 3(2) of the National Security Act, 1980 and the District Magistrate based upon the report received has formed an opinion after following due process of law to pass an order under the National Security Act, 1980. An order was passed on 24/09/2020. The order of detention was approved by the State Government vide order dated 03/10/2020 in exercise of powers conferred under Section 3(4) of the National Security Act, 1980 and thereafter, the Advisory Board constituted under Section 9 of National Security Act, 1980 has confirmed the order of detention by an order dated 20/10/2020, meaning thereby, the procedure prescribed under the Act of 1980 has been followed. 13- The respondents have further stated that the entire country is effected with COVID-19 Pandemic. People are dying out of hunger, Writ Petition No.15330/2020 (O) people don't have food grains to cook, majority of the population is able to survive only on a meal in a day, they are not able to get meal twice a day and the Government of India as well as State Government is making all possible endeavour to supply food grains under the Public Distribution System (PDS) to the citizens and persons like husband of the petitioner are siphoning the food grains meant for distribution under the Public Distribution System for black-marketing it. 14- It has been stated that in light of the judgment delivered in the case of Attorney General for India Vs. Amratlal Prajivandas and Others reported in 1994 (5) SCC 54 even on the basis of a solitary act, an order of detention can be passed. Reliance has also been placed upon judgments delivered in the case of Suraj Pal Sahu Vs. State of Maharashtra and Others reported in (1986) 4 SCC 378 and A. K. Roy Vs. Union of India reported in (1982) 1 SCC 271 and a prayer has been made for dismissal of the writ petition.