S.K. Gangele, J.

1. The Order of the Court was delivered by :-The petitioners have filed this petition against the order of detention dated 13-10-2009. By the aforesaid order the District Magistrate ordered that in order to maintenance of public peace, the detention of the petitioners is necessary, hence, the District Magistrate ordered detention of the petitioners under Section 3(2) of the National Security Act, 1980. The appropriate Government affirmed the order of the detention vide order dated 24-10-2009.

2. Initially the petitioners filed the petition against the order of detention and subsequently the petitioners amended the petition and also challenged the order of approval dated 24-10-2009. It is an admitted fact that the petitioners have filed this petition challenging the orders of detention and approval at pre-execution stage, meaning thereby the petitioners have filed this petition when they were not in detention.

3. It is submitted by the petitioners that they had been running a unit in the name of M/s Hind Diary and Food Products, which is partnership firm. The petitioners' firm had been producing Ghee in the name of Gwala Shri and Shri Anmol Pure Desi Ghee.

4. The Collector in the grounds of detention has mentioned that the petitioners had been producing synthetic Ghee and they were in the business of production of aforesaid Ghee. By the aforesaid activities of the petitioners, there was danger to the health of general public and due to the aforesaid activities of the petitioners persons were not coming forward to depose against the petitioners. It has further been mentioned in the grounds of detention that the Food Inspector Mr. Dharmendra Kumar Soni and Shri Rajesh Kumar had taken samples of Ghee of Hindi Diary and Food Products on 8-11-2008 and both the samples were found adulterated and misbranded and the District Magistrate was found the petitioners guilty under Sections 420 & 188 of IPC. Again on 3-10-2009 a team of Food Inspectors inspected the premises of petitioners named as M/s Hind Diary and Food Products and during inspection it was found that there was 8380 litre synthetic Ghee. Samples were taken by the officers and sent for analysis to the State Food Analysis Laboratory and as per the report of the Laboratory dated 12-10-2009, the samples were found misbranded and adulterated. Earlier also a criminal case was registered before the Court of Chief Judicial Magistrate, Sheopur and in the aforesaid case vide judgment dated 13-1-2005 a punishment of one year with fine of Rs.300/- was imposed against the petitioners. In another case No. 10/95, the Chief Judicial Magistrate Shoepur also imposed a punishment of one year with fine of Rs.300/- vide judgment dated 13-1-2005.

5. Looking to the aforesaid activities of the petitioners and the fact that the petitioners were involved in manufacturing of synthetic Ghee, the detention of the petitioners is necessary under National Security Act, 1980. Subsequently, the orders passed by the District Magistrate have been affirmed by the Government.

6. The petitioners in the writ petition have contended that earlier orders of detention were passed against one Bansilal and others persons. This Court vide order dated 14-12-2009 quashed the detention orders against the aforesaid persons, hence, the present petition is also liable to be allowed.

It has further been submitted that earlier samples were taken of the petitioners' firm, which were not found adulterated, in spite of that again and again samples were taken. It has further been submitted that there is a special law in regard to dealing with the offence under the provisions of Prevention of Food Adulteration Act, 1954 and also the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, hence, the District Magistrate has no power to invoke the provisions of National Security Act, 1980.

Learned counsel for petitioners raised same grounds in his arguments. He also submitted that the o