Strict compliance with the mandatory provisions of the National Security Act is essential in cases of preventive detention.

JUDGMENT :

1. The present petition filed u/Art. 226 of the Constitution assails the order of preventive detention passed by District Magistrate Gwalior on 23/1/2021 by exercising powers u/S. 3(2) of National Security Act, 1980 (for brevity NSA) directing for detaining the petitioner for a period of three months.

2. Bare skeleton facts necessary for adjudication are that on 16/1/2021 Food Safety Officer carried out inspection of flour mill belonging to petitioner. Adulterated food articles alongwith packing material were seized. FIR bearing Crime No. 48/2021 at police station Dabra, District Gwalior was registered on 19/1/2021 alleging offences punishable u/Ss. 272, 273 and 420 IPC against petitioner. Petitioner was arrested on 20/1/2021 and was remanded to police custody for 2 days whereafter on 22/1/2021 petitioner was released on bail by order of the court of competent jurisdiction. Whereafter impugned order of preventive detention was passed on 28/1/2021 and on next day i.e. 29/1/2021 petitioner was taken into custody. On 29/1/2021 itself petitioner was supplied with grounds for detention. Whereafter, District Magistrate, Gwalior on 1.2.2021 forwarded the case to the State Government for approval. The State Government thereafter approved the order of preventive detention on 4/2/2021. It is submitted by the State counsel that copy of order of confirmation passed by the State Govt. was forwarded to the Central Government by letter dated 4/2/2021 alongwith grounds for detention.

2.1. From the aforesaid undisputed facts, what is evident as daylight is as follows:-

(1) That after passing the impugned order on 28/1/2021 the District Magistrate, Gwalior forwarded the same for reporting to the State Govt. on 01.2.2021 i.e. after 4 days with no explanation either in the impugned order or in the reply filed to this petition as to what prevented the District Magistrate Gwalior to forward the case to the State Govt. for confirmation earlier so as to follow the mandate of expression ".....shall forthwith report the fact to the State Government......" found in Sec. 3(4) of the NSA. This in the considered opinion of this court amounts to unexplained and inordinate delay in forwarding the matter to the State Govt. for seeking approval thereby violating the mandatory provision of Sec. 3(4) and also mandate of Apex court in the case of in the case of Hetchin Haokip Vs. State of Manipur and others, (2018) 9 SCC 562 relevant portion of which is reproduced below:-

"15. The expression "forthwith" under Section 3(4), must be interpreted to mean within reasonable time and without any undue delay. This would not mean that the detaining authority has a period of twelve days to submit the report (with grounds) to the State Government from the date of detention. The detaining authority must furnish the report at the earliest possible. Any delay between the date of detention and the date of submitting the report to the State Government, must be due to unavoidable circumstances beyond the control of the authority and not because of administrative laxity.

16. In the present case, the District Magistrate submitted the report to the State Government on the fifth day (17.7.2017), after the date of the detention order (12.7.2017). The reason for the delay of five days is neither mentioned in the State Government's order confirming the detention order, nor in the impugned judgment. It was for the District Magistrate to establish that he had valid and justifiable reasons for submitting the report five days after passing the order of detention. As the decision in Keshav Nikanth Joglekar Vs. Commnr. of Police, 1956 SCR 653 : AIR 1957 SC 28, holds, the issue is whether the report was sent at the earliest time possible or whether the delay in sending the report could have been avoided. Moreover, as the decision in Salim Vs. State of W.B., (1975) 1 SCC 653 : 1975 SCC (Cri) 290, holds, there should be no laxity in reporting the detention to the Government. Whether there w