Detention order cannot be set aside when, detenu does not mend his ways and continues to be involved in criminal activities

Petitioner is a resident of Tehsil Karera District Shivpuri and is living within the territorial jurisdiction of this Court. For last almost 17 years petitioner faced different criminal cases/charge-sheeted for alleged commission of different offences, and on the basis of those cases as well as apprehension of the authorities that petitioner may commit breach of public order, proceedings were initiated under the National Security Act against the petitioner which culminated into passing of detention order dated 21-01-2021 by the District Magistrate, District Shivpuri.

At times a person who is caught with illicit liquor (without permit, licence etc.) and tried for the said offence, then it is a case of law and order only but when a person like petitioner who is constantly involved for last 17 years in preparation and manufacturing of adulterated country made liquor, that too prepared from adulterants like urea and Lahan which is prepared through rotten shoes, rotten woods and other waste material and in a way it is like giving poison to the consumer and when despite repeated efforts, he does not mend his ways and continues to be involved in such activities and he is emboldened to such extent were the causes printing of his visiting cards along with his photograph pasted over it, showing himself as the trader of country made liquor then all these facts and circumstances demonstrate his audacity to run the Reign of Terror and therefore, it becomes a case of public order and social peace. Petitioner is involved in Trade of Fear to continue with his criminal endeavours including act of encroachment upon Government land and keep manufacturing illicit liquor, an act which causes pilferage to State exchequer and also leads to Hooch tragedy, causing social tension, law and order problem and even promoting other social evils. Where these tragedies and evils become predominant then the area becomes vulnerable for public order and community peace.

Appearing counsel: Shri Prem Singh Gurjar, Shri D.D. Bansal

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