G SADANANDAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition was heard on the 11th February, 1966; and at the close of the hearing, we allowed the petition and directed that the petitioner should be released forthwith and indicated that our reasons would be pronounced later. Accordingly, our present judgment gives our reasons for the order which has already been passed by us.

(2.) The petitioner, G. Sadanandan, has been detained by respondent No. 1, the State of Karala, under Rule 30 (1) (b) of the Defence of India Rules. 1962 (hereinafter called "the Rules") by an order passed by it on the 20th October, 1965. The said order recites that from the materials placed before respondent No. 1 it was satisfied that with a view to prevent the petitioner from acting in a manner prejudicial to the maintenance of supplies and services essential to the life of the community, it was necessary to detain him. The said order further shows that under Rule 30 (4) of the Rules, respondent No. 1 had decided that the petitioner be detained in the Central Prison, Trivandrum, under conditions as to maintenance, discipline and punishment of offences and breaches of discipline as provided in the Travancore-Cochin Security Prisoners Order, 1950. The petitioner challenges the validity of this order by his present petition filed under Article 32 of the Constitution.

(3.) The petitioner is a businessman who carries on wholesale business in kersene oil as ESSO dealer and in provisions in his places of business at Trivandrum. In connection with his wholesale business of selling kerosene oil, the petitioner receives kersosene oil either in bulk or in sealed tins from the ESSO company. When the kerosene oil is thus received by him, the petitioner transfers the kerosene oil from barrels into empty tins purchased from the market and sells them to his customers. Until the Kerala Kersene Control Order, 1965 was promulgated, and brought into force on the 24th October, 1965, the petitioner' was not required to take a licence for carrying on his business in kerosene oil. As from the 24th October, 1965 the said trade could not be carried on in Kerala without obtaining a licence. It is common ground that the petitioner has not been granted a licence in that behalf. To his present petition, the petitioner has joined respondent No. 1 and N. Paramasivan Nair, Deputy Superintendent of Police (Civil) Supplies Cell, Crime Branch, Trivandrum, as respondent No. 2.