S.H.A. Raza and R.D. Mathur, JJ.@mdashThe Petitioner was detained u/s 3 (3) of the National Security Act on 23.7.1999, by means of an order
passed by the District Magistrate, Shahjahanpur, mainly on the ground that the Petitioner adulterated the milk with Urea.
2. According to the ground of detention, while the Petitioner was moving towards Hardoi to Shahjahanpur the canes of the milk which the
Petitioner was carrying were checked by the officers. They have taken the sample of the milk after paying Rs. 6 to the Petitioner and sent it for
test. The report from the laboratory was received on 10.7.1999. It was not found according to the standard and the milk was found to be
adulterated with Urea which is hazardous to health. A case was accordingly registered against the Petitioner bearing No. 108 of 1999 u/s
272/273, I.P.C. and Section 7/16 of Prevention of Food Adulteration Act, as a result of which an atmosphere of fear was created in the area and
the consumers were stopped to take milk from such persons who sell their milk to the consumers.
3. We are definitely of the view that the provisions of National Security Act can only be invoked when the public order is disturbed. At the most, in
the present case it can be said that due to the action of the Petitioner, law and order situation was disturbed. On such matters, generally where the
law provides the penal provisions of the I.P.C. as well as other Acts can be invoked the provisions of National Security Act ought not to have
been invoked. It was solitary offence which may be said to be a criminal offence. The case of the Petitioner may be investigated and thereafter he
will be put to trial.
4. We are definitely of the view that while passing the order of detention under the Provisions of National Security Act, the District Magistrate
concerned did not apply his mind, as to whether on such a matter a person can be detained under the provisions of National Security Act or not. It
seems that the District Magistrate was swayed by extraneous considerations in passing the order of detention.
5. The writ petition which is in the nature of habeas corpus is accordingly allowed. The order dated 23.7.1999, passed by the District Magistrate,
Shahjahanpur, is accordingly quashed. The Petitioner will be set at liberty forthwith until and unless he is not detained in any other case.