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2000 Supreme(All) 803

J.C.GUPTA, S.K.AGARWAL
KAILASH NATH GOEL – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
Gopal Chaturvedi, Nasiruzzaman, Ramesh Sinha

J. C. GUPTA AND S. K. AGARWAL, JJ.


( 1 ) THIS is the second writ petition filed by the petitioner, Kailash Nath God. His earlier writ petition, bearing No. 39460 of 1999, was dismissed by us on 24. 4. 2000 on the ground that the order of detention does not suffer from any infirmity, inasmuch as the acts of the petitioner were not only prejudicial to the maintenance of public order but also to the maintenance of supplies and services essential to the community. However, the reasons for dismissing the aforesaid Writ petition No. 39460 of 1999 were given by us later on. The present writ petition has been filed on the ground that in similar set of circumstances, a Division Bench of this Court has subsequently held the application of provisions of Section 3 of the National Security Act (hereinafter called as nsa) inapplicable. The finding by the other Division Bench returned in Habeas Corpus Petition no. 42309 of 1999. Dilip Kumar v. Union of India and others, is as under : it is not disputed that the drugs as defined, has been included as one of the essential commodities under Section 2 (a) (iv-a) of the Essential Commodities Act, 1955. As drugs are essential commodities and their prod



















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