ORDER

(Passed on 24th August, 2021)

Sujoy Paul, J.:-

This petition filed under Article 226 of the Constitution assails the detention order dated 11/5/2021 passed u/S.3 of National Security Act, 1980 (for short “NSA”) and also the order dated 8/7/2021 whereby the detention period was extended for three months by District Magistrate, Jabalpur. This matter was analogously heard with WP No.10085/2021 (Sarbjeet Singh Mokha vs. State of MP). Present petitioner was an employee in pharmaceutical wing of City Hospital run by Shri Mokha.

02. In nut shell, the case of petitioner is that petitioner is an employee of Pharmaceutical Department of a hospital namely City Hospital, Jabalpur. It is averred that an FIR bearing No.252/2021 was lodged against the petitioner u/Ss.274, 275, 308, 420, 120-B of IPC read with Sec.53 of Disaster Management Act, 2005 and Sec.3 of the Epidemic Act, 1897. It is alleged in the FIR that petitioner in conspiracy with owner of City Hospital, Jabalpur namely Shri Sarabjeet Singh Mokha has procured and used fake Remdesivir injections (injections) to gain illegal profits during the pandemic era thereby endangering human life.

03. The petitioner was arrested by Police Station, Omti, Jabalpur on 10/5/2021 in Crime No.252/2021. On the next day on 11/5/2021, despite the fact that petitioner was in custody, a detention order was passed by District Magistrate in exercise of power under sub-section (2) of Sec.3 of NSA.

04. Shri Manish Dutt, learned Sr.Counsel assisted by Shri Pankaj Dubey, Advocate submits that the impugned order of detention dated 11/5/2021 Annexure P/1 is solely founded upon the recommendation of Superintendent of Police (SP) dated 11/5/2021. The S.Ps recommendation shows that it is based on five documents enclosed with the said recommendation. These five documents are - (1) FIR lodged against the petitioner (2) five statements of persons recorded u/S.161 of Cr.P.C. (3) invoice bills (4 pages), (4) FIR registered in P.S B Division, District Morvi, Gujarat (5) nine newspaper cuttings.

05. Criticising the order of detention passed by District Magistrate, learned Sr.Counsel submits that he has verbatim reproduced the recommendation of SP dated 11/5/2021. In addition, he recorded the statement of investigating officer (IO) Shri Shiv Pratap Singh Baghel. On the basis of cut copy paste averments of SP’s report and IO’s statement alone the learned District Magistrate passed the detention order which suffers from following infirmities - (1) there is no independent application of mind by District Magistrate while passing the detention order. Indeed he mechanically acted on the recommendation of SP, (2) for recording “subjective satisfaction” of District Magistrate there must exist objective material which was totally absent in the present case, (3) the statements recorded u/S.161 of Cr.P.C and paper cuttings cannot form basis for passing an order of detention and (4) the detention order is passed in utter violation of Sec.3(5) of NSA. (5) A person already detained cannot be subjected to NSA unless certain conditions are satisfied which was lacking in the instant case.

06. To elaborate, Shri Dutt read out the statements of Kshitij Rai, Devesh Chourasiya, Yash Maindiratta and Prakhar Kohli. It is urged that these statements do not provide any foundation for invoking Sec.3 of NSA Act. The petitioner being an employee of Pharmaceutical wing of City Hospital has acted as per direction of owner of the hospital namely Shri Sarabjeet Singh Mokha. No act of present petitioner can be said to be a threat to public order or national security. Learned Sr.Counsel for petitioner has taken pains to contend that as per judgment of this Court passed in WP No.13234/2020 (Tanveer Patel Vs. State), newspaper cutting alone cannot be basis for passing a detention order. In Pebam Ningol Mikoi Devi Vs. State of Manipur & Ors. (2010) 9 SCC 618, it was held that the statement recorded u/S.161 cannot be utilized to detain a person unless there e