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Judgment
S.H.A. Raza and R.D. Mathur, JJ.—The Petitioner was detained u/s 3(3) of the National Security Act, mainly on the ground that he adulterated the milk with a substance, i.e. urea, which is injurious to health, as a result of which the public order was disturbed to such an extent that people started throwing away cans of the milk vendors.
This was the solitary incident upon which the Petitioner was detained. We are of the view that the provisions of the Adulteration Act would have been adequate procedure for the arrest of the Petitioner and the investigation of the case. Resort to National Security Act on such matters is not desirable, particularly when such an incident might have disturbed the law and order which cannot be equated with disturbance of public order. It cannot be accepted that the public order was disturbed to such an extent where provisions of National Security Act should have been invoked. Besides the aforesaid reason, there is considerable delay i.e. of 20 days in disposal of the representation by the State Government which has not been properly explained in the counter-affidavit.
In view of the aforesaid reason, this habeas corpus petition is allowed. The order dated 31.7.1999, contained in Annexure-1 to the writ petition passed by District Magistrate u/s 3(3) of the Act is quashed. Petitioner shall be set at liberty forthwith if not wanted in any other case.