R. R. K. TRIVEDI AND U. S. TRIPATHI, JJ.

( 1 ) THIS writ petition has been filed challenging order dated August 4. 1999, passed by District magistrate. Agra under Section 3 (2) of the National Security Act. 1980 (hereinafter referred to as act), under which petitioner has been detained. Counter and rejoinder-affidavits have been exchanged between the parties.

( 2 ) WE have heard Sri Nasiruzzaman along with Sri Jokhan Prasad Yadav. learned counsel for petitioner, Sri Mahendra Pratap. learned A. G. A. for respondent Nos. 2 to 4 and Sri K. N. Pandey for respondent No. 1.

( 3 ) LEARNED counsel for petitioner has challenged the legality of the order on a short ground that in view of the Explanation appended to subsection (2) of Section 3 of the Act. the impugned order of detention could not be legally passed by detaining authority. Learned counsel has submitted that as in the present case, the recovery of drugs allegedly spurious is involved, the action can only be taken under the Prevention of Blackmarketlng and Maintenance of Supplies of Essential commodities Act. 1980.

( 4 ) SRI Mahendra Pratap, learned A. G. A. , on the other hand has submitted that misbranded, adulterated, or spuri

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