MOTI LAL JAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this appeal by special leave, the question for decision is whether the appellant's detention under sub-clause (iii) of Clause (a) of sub sec. (1) of Section 3 and of Section 4 of the Preventive Detention Act, 1950, (IV of 1950) - to be hereinafter referred to as "the Act", as per order of the Governor of Bihar No. A-DE-Pur-1501/67/6357/C dated September 25, 1967, is unlawful.

(2.) The appellant is a partner in the grocery shop by name "Shanti Stores" in Gulab Bagh where sugar, maida, soap, match boxes, kerosene oil and other articles are sold. He is said to have indulged in black-marketing in essential commodities. As per the order of September 27, 1967 grounds in support of the appellant's detention were supplied. They read as follows:

(3.) Though the appellant made representation against his order of detention to the Advisory Board, the said Board did not recommend his case for release Thereafter he approached the High Court of Patna in Cr. W. J. C. No. 92 of 1966 (Pat) under Article 226 of the Constitution and Section 491 of the Code of Criminal Procedure for a writ or order in the nature of habeas corpus directing his release from detention. A Bench of that High Court consisting of the learned Chief Justice and B. N. Jha, J. refused to entertain that petition with these observations: