SHEET NAGU, S.K.GANGELE
Brijesh Dubey – Appellant
Versus
State of M. P. – Respondent
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 C
12. David Patrick Ward and Another Vs. Union of India and Others (1992) 4 SCC 154;
14. Naresh Kumar Goyal Vs. Union of India and Others
2. Tahsildar Singh Vs. State of M.P. & Others 2010 (2) MPLJ 59;
4. Deepak Bajaj Vs. State of Maharashtra and Another (2008) 16 SCC 14;
5. Ravi Tiwari and Others Vs. Union of India and Others (2003) 3 MPLJ 372;
7. Dharamdas Shamlal Agarwal Vs. The Police Commissioner and Another AIR 1989 SC 1282;
9. Krishna Murari Aggarwala Vs. The Union of India and Others AIR 1975 SC 1877;
11. State of Maharashtra and Others Vs. Bhaurao Punjabrao Gawande (2008) 3 SCC 613;
16. Ashok Kumar v. Delhi Administration (1982) 2 SCC 403;
23. Rishabh Agro Industries Ltd. v. P. N. B. Capital Services Ltd. (2000) 5 SCC 515;
25. Aswini Kumar Ghose v. Arabinda Bose AIR 1952 SC 369 : 1953 SCR 1;
27. Union of India v. Filip Tiago De Gama (1990) 1 SCC 277 : AIR 1990 SC 981);
32. Haryana Financial Corpn.v. Jagdamba Oil Mill (2002) 3 SCC 496 : SCC p 509
30. Sushil Suri Vs. Central Bureau of Investigation and Another (2011) 5 SCC 708;
31. Zee Telefilms Ltd. v. Union of India (2005) 4 SCC 649.;
1. Rekha Vs. State of Tamil Nadu Through Secretary to Government and Another (2011) 5 SCC 708;
3. Pebam Ningol Mikoi Devi Vs. State of Manipur and Others (2010) 9 SCC 618;
6. T.A.Abdul Rahman Vs. State of Kerala and Others AIR 1990 SC 225;
10. Rameshwar Lal Patwari Vs. The State of Bihar AIR 1968 SC 1303;
15. P. U. Iqbal v. Union of India and Others (1992) 1 SCC 434;
17. Bhawarlal Ganeshmalji v. State of Tamil Nadu (1979) 1 SCC 465;
19. Union of India and Others v. Parasmal Rampuria (1998) 8 SCC 402;
22. State of Orissa and Others Vs. Joginder Patjoshi and Another (2004) 9 SCC 278;
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