ORDER

Shrivastava, J. -- 1. By this petition, the petitioner has challenged the order dated 3.5.2021 passed by the District Magistrate, Satna, for his detention under section 3(1) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980. The petitioner has also challenged the order dated 10.5.2021 passed by the State Govt. approving the detention order dated 3.5.2021.

2. The case of the petitioner is that he is running business with the trade name of M/s Vindhya Engineering Company at Rewa and Satna and also having GST registration certificate. The FIR No.595/2021 was lodged against the petitioner in Police Station Kolgawan, Satna, on 2.5.2021 alleging commission of offence under section 420 of the I.P.C., section 53 and 57 of the Disaster Management Act, 2006, section 3 of the Epidemic Diseases Act, 1897, section 3 and 7 of the Essential Commodities Act, 1955 and section 5 and 13 of the M.P. Drugs Control Act, 1949. The FIR has been registered on the basis of the written complaint of Drug Inspector, Satna, alleging that the petitioner who is the Manager of M/s Vindhya Engineering Company had illegally stocked oxygen cylinders in his warehouse and was selling oxygen cylinders at higher price to the general public. The raid in the premises of the petitioner was conducted and oxygen cylinders along with LPG cylinders were seized and thereafter the impugned detention order dated 3.5.2021 was passed by the respondent No.2. Aggrieved with the same, the petitioner had preferred the representation before the respondent No.1. It is alleged that the said representation was not considered.

3. The respondents have filed their reply disclosing that on 2.5.2021 the Drug Inspector had submitted the application that the petitioner did not possess valid licence for possession of non-metal oxygen medical grade. Thereafter, the petitioner’s godown was inspected and 571 jumbo oxygen cylinders, 90 small oxygen cylinders and 28 LPG cylinders were seized from the godown of the petitioner and accordingly the FIR was registered. The Sponsoring authority S.P. Satna vide report dated 3.5.2021 had informed the District Magistrate, Satna, to initiate proceedings of preventive detention under the Act of 1980. Thereafter, the detention order was passed and the grounds of detention along with the material particulars were served upon the petitioner on 4.5.2021 and receipt was obtained. The detention order was communicated to the State Govt. and the State Govt. had approved it on 10.5.2021. The State Govt. had placed the preventive detention case of the petitioner before the Advisory Board in the virtual meeting held on 8.6.2021 and the Advisory Board had opined that there exists sufficient cause for detention of the petitioner and the order dated 10.5.2021 was passed by the State Govt. approving the order of detention and by the order dated 14.6.2021 passed under section 12(1) of the Act it was mentioned that the detention period will be from 4.5.2021 to 3.8.2021 for three months.

4. The main contention of learned counsel for the petitioner is that the FIR was registered and the petitioner was taken in custody on 2.5.2021 and at the time of passing the detention order the petitioner was already in custody and the fact that the petitioner was in custody and his likelihood of release on bail has not been considered by the detaining authority, therefore, the order of detention suffers from nonapplication of mind. He has further submitted that the representation of the petitioner has not been considered by the State Govt. as the order of approval dated 10.5.2021 does not even mention the petitioner’s representation and that the petitioner’s representation has also not been placed before the Advisory Board. He has also submitted that the petitioner has no criminal antecedents and all oxygen cylinders were empty and oxygen cylinders are not the essential commodities. In support of his contention he has relied on various