BIRAM CHAND Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This habeas corpus petition under Article 32 of the Constitution of India is directed against the order of the District Magistrate, Varanasi, of 3rd September, 1973, whereby the petitioner was detained under sub-section (iii) of clause (a) of sub-section (1) of Section 3 of the Maintenance of Internal Security Act, 1971 (briefly the Act). The order has been passed "with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies and services essential to the community." The grounds of detention were served on the petitioner on 7th September, 1973. Leaving out the prefactory and descriptive portions, the ground of detention may be set out as under:-

(2.) Then follows a detailed list of sales of bajra, jwar and maize to numerous persons as per cash memos mentioned therein showning sales on 21-6-1973, 26-6-1973, 7-7-1973, 16-6-1973 and 16-7-1973.

(3.) The 7th ground ends as under:-