JUDGMENT :

Learned counsel for the rival parties are heard.

1. Present petition filed u/Art. 226/227 of the Constitution of India assails the order of preventive detention passed by the District Magistrate, Gwalior (M.P.) on 28.01.2021 vide P-1 detaining the petitioner for a period of three months by invoking the provisions of Sec. 3(3) of the National Security Act ("NSA" for brevity).

2. Learned counsel for the petitioner Shri Bahirani has raised the following grounds in support of the aforesaid challenge to the impugned order:

(i) The impugned order vitiated by the vice of non-application of mind since petitioner was already in custody on the date of passing of the impugned order of preventive detention, which fact was not taken into account as there is no such recital in the impugned order disclosing that the District Magistrate, Gwalior knew about petitioner being in custody. For this purpose Md. Vakil Vs. State of M.P., [2014 (2) MPLJ 613] and Vijay Kumar Vs. State of Jammu & Kashmir & Others, (1982) 2 SCC 43, Merugu Satyanarayana Vs. State of Andhra Pradesh and Others, (1982) 3 SCC 301 are pressed into service.

(ii) Impugned order is issued in violation of Sec. 3(4) of NSA.

3. Bar