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MOHAMMAD RAFIQ, RAJEEV KUMAR DUBEY, VIJAY KUMAR SHUKLA
Kamal Khare – Appellant
Versus
State of M. P. – Respondent
ORDER
Rafiq, C.J, -- 1. These three matters have been placed before the Larger Bench upon a reference by two separate orders passed by a Division Bench of this Court at Principal Seat at Jabalpur and another Division Bench of this Court at Indore Bench. The first order was passed by Division Bench at Principal Seat, Jabalpur on 4.12.2019 in W.P. No.22290/2019 (Kamal Khare v. State of M.P. and others) which is a writ petition filed in the nature of Habeas Corpus against an order dated 13.8.2019 passed by District Magistrate, Jabalpur in exercise of his powers under section 3(2) of the National Security Act, 1980 (for short “the NSA”) whereby the petitioner was directed to be detained for a period of three months from the date of his detention. When the matter was listed before the Division Bench on 4.12.2019, there was a difference of opinion between two Hon’ble Judges constituting the Division Bench. They have therefore made a reference to the Larger Bench for answering the following questions of law:-
“Where the offence is committed under Regulatory Act such as Food Safety and Standards Act, 2006 which contains penalty clause, under no circumstances, an action can be taken against
(1) Order of preventive detention under NSA does not overlap with penal provisions under FSSA as it is not in lieu of that but is rather in addition to that.(2) Life of order passed by District Magis....
(1) Mere contravention of law such as indulging in cheating or criminal breach of trust certainly affects ‘law and order’ but before it can be said to affect ‘public order’, it must affect the commun....
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