SATYA DEO PRASAD GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is yet an other instance where this Court is reluctantly compelled to set tree from detention a person believed to be an economic offender. We had occasion to point out in an earlier judgment, Dwarika Prasad Sahu v. State of Bihar W.P. No. 346 of 1974, D/-12-11-1974 = (reported in AIR 1975 SC 134) that economic offenders are a menace to the society and it necessary in the interest of the economic well being of the community to mercilessly stamp out such pernicious, anti-social and highly reprehensible activities as hoarding, black-marketing and profiteering which are causing havoc to the economy of the country and inflicting untold hardships on the common man and the Court would, therefore, naturally be loath to interfere with an order of detention which is calculated to put an economic offender out of action by way of social defence. But here in the present case the attempt to curb this social menace has been frustrated and set at naught by want of due care, promptness and attention on the part of the State Government and the Court is left with no choice but to strike down the detention of the petitioner. If only the State Government had properly applied its mind to the correct legal position as laid down by various decision of this Court and shown greater concern and anxiety while exercising the power of preventive detention, the infirmity vitiating the detention of the petitioner could have been easily avoided. We hope and trust that the State Government will be more careful in the future, so that persons who disrupt the social and economic life of the community are effectively prevented from carrying on their nefarious activities.

(2.) The petitioner is the karta of a joint Hindu family and as such karta he runs a shop for selling medicines and drugs under the name of Popular Pharmacy in Ranchi. On 22nd April, 1974, at about 8p. m. one Vijoy Shankar accompanied by R. N. P. Dube, Executive Magistrate, went to the shop of the petitioner and asked for certain medicines according to a prescription made out by a House Surgeon of the Medical College, Ranchi. The petitioner, who was present at the shop, asked Vijoy Shankar and R. N. P. Dube to come at 8.30 p. m and stated that he would then be able to supply the medicines to them. Vijoy Shankar and Dube accordingly visited the shop again at 8.30 p. m. when the petitioner supplied most of the medicines mentioned in the prescription. Amongst the medicines so supplied were two ampoules of pathedine and one bottle of ether. The petitioner charged for these two ampoules of pathedine Rs. 3/- as against the price of 90 paise per ampoule shown in the current price list and for the bottle of ether, which contained 450, gross, he charged Rs. 20/- as against the price of Rs. 6.85 shown in the current price list. This was in contravantion of paragraph 15 (2) of the Drug (Price Control) Order, 1970. The petitioner also refused to issue cash memo in respect of the two ampoules of pathedine and one bottle of ether supplied by him, though he was bound to do so under paragraph 22 of the Drug (Price Control) Order, 1970. When asked by Vijoy Shankar and R. N. P. Dube to give his name, the petitioner falsely and deliberately gave his name as Sailendra Kumar Gupta though his real name was Satya Deo Prasad Gupta.

(3.) It appears that on the following day, that is, 23rd April, 1974, a group of persons claiming to be representatives of a body known as Nao Nirman Samiti came to the petitioner's shop, forcibly took him out and after placing a garland of shoes around his neck and affixing a placard displaying the slogan:'Main blackmarketeer hun. Chhao rupia ka ether bees rupia men bechta hun - Popular Medical, Bariat-u", paraded him through the streets in a rickshaw with a rope tied around his waist. " The New Republic", a local newspaper, published in its issue dated 27th April, 1974, a photograph of the petitioner as he was being paraded in this procession. This incident exemplified the wrath and anger of the people against the petitioner as they fat that he was blackmarketing and profiteering in such essential commodities as medicines and drugs.