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1 - 10 of 21 (0.27 seconds)Prem Narayan Gwal vs The State Of Mp on 13 January, 2020
6.3 The second safeguard in Section 3 is that if the order is
passed by District Magistrate or the Commissioner of Police then
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THE HIGH COURT OF MADHYA PRADESH
WP.20490.2019
(Prem Narayan Gwal Vs. State of M.P. and others)
the fact of the order having been made along with the grounds on
which it was made should be forthwith reported to the State
Government concerned and in case the State Government does not
approve the said order of preventive detention within 12 days of
its making then the same would lapse.
The Food Safety And Standards Act, 2006
The Code of Criminal Procedure, 1973
The National Security Act, 1980
The Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980
Section 2 in The Food Safety And Standards Act, 2006 [Entire Act]
Section 4 in The Food Safety And Standards Act, 2006 [Entire Act]
Section 7 in The Food Safety And Standards Act, 2006 [Entire Act]
State Of Maharashtra & Ors vs Bhaurao Punjabrao Gawande on 3 March, 2008
5. Prolonged arguments were extended by learned counsel for
the rival parties but this Court has to first address the core issue
about the maintainability of this petition raised by counsel for the
State that though the order of preventive detention has not been
confirmed by the State but since the petitioner has not been
arrested till date the statutory safeguards prescribed in Section 3
of NSA are not available to the petitioner to be availed.
5.1 The law in regard to challenge to an order of preventive
detention at pre-detention stage is well settled by the Apex Court
in "State of Maharashtra and others Vs. Bhaurao Punjabrao
4
THE HIGH COURT OF MADHYA PRADESH
WP.20490.2019
(Prem Narayan Gwal Vs. State of M.P. and others)
Gawande [(2008) 3 SCC 613]" after following its earlier
decision in "Additional Secretary to the Government of India and
others Vs. Smt. Alka Subhash Gadia and another [1992 Supp. (1)
SCC 496]", relevant extract of which is reproduced below:-