JAMAL HAJI JAKARIA Vs. UNION OF INDIA

JUDGEMENT

(1.) The detenu herein., Jamal Haji Jakaria challenges the legality of the order of detention dated the 17th August, 1988 passed under Section 3(2)(a) read with Section 3(1) of the Prevention of Black Marketing and Maintenancec of Supplies of Essential Commodities Act, 1980 (hereinafter called the 'Act'). The impugned order was passed by the Collector and District Magistrate, East Godavari District, Kakinada (Andhra Pradesh) against the detenu herein, with a view to preventing him from further acting in any manner prejudicial to the maintenance of supplies of commodity essential to the community.

(2.) The central ground of detention stated in the grounds of detention, also dated the 17th August 1988 is that the detenu, who holds a licence for doing business of sugar in whole sale and in retail, had indulged in diversion of levy sugar for pecuniary benefits and thus acted in a manner prejudocoa; to the maintenance of supplies of commodity essential to the commodity. In suport of this ground, facts, which according to the dertaining authority, stood proved, have been stated in paragraphs 2 to 33 of the grounds of detentions. alongwith the grounds, a list of 43 documents relied upon (at pages 55 to 57) was annesed, It is admited before us that copies of those documents (running into 128 pages) were also supplied to the detenu.

(3.) From the documents which are no record, it appears that the detenu had made a representation of 26th August, 1988 seking setting aside of the detention order, to the detaining authority. He also addressed similar representations to (1) the Advisory Board, (2) the Chief Minister of Andhra Pradesh and (3) the Central Government. All these representations are also dated the 26th August, 1988. By the order of 8th September, 1988, a copy of which has been annexed as Annexure x-1 with rejoinder affidavit filed on behalf of the petitioner, the detenu was informed that: