KAILASH CHAND GOYAL Vs. STATE

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India seeking issuance of a writ of habeas Corpus for release of the petitioner Kailash Chand Goyal. The detenu has been detained under the order passed by the Administrator of the Union Territory of Delhi in exercise of the powers conferred by section 3(1) read with section 2(c) of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, with a view to preventing him from acting in a manner prejudical to the maintenance of supplies of commodities essential to the community. The impugned order was passed on 15th October, 1983.

(2.) The grounds of detention bearing the same date were served on the detenu on 21st October, 1983 when he was lodged in central jail, Tihar. One of the grounds is that the detenu in his statement made under section 13201 the Income-tax Act on 30th November 1982, admitted having unauthorisedly and for profit diverted essential commodities which he used to get at subsidized rates from the fair price shops.

(3.) A contention urged by Mr. Frank Anthony, learned counsel for the petitioner, is that as the earlier statements of the detenu, which were also recorded under section 132 of the Income-tax Act, have not been considered by the detaining authority, the detention is vitiated.