KONDIDDASU APPALASWAMY DETENUE Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Petitioner, Kondidasu Appalaswami was arrested on 2-8-1951, i.e., rather more than three weeks ago and detained for action prejudicial to the maintenance of supplies and services essential to the community under Section 3 (1), (a), (iii) of the Preventive Detention Act of 1950, The grounds of detention were served on him on 4-8-1951. We are precluded from going into the truth or the adequacy of the grounds. It is sufficient to say that they constitute a grave indictment of the petitioner, who is said to have organized black-marketing activities in rice to an alarming extent in the course of which he is estimated to have made illegal profits amounting to about five lakhs of a subterranean nature not brought into his regular accounts and registers, on which no income-tax has of course been paid.

(2.) The petition is supported by ah affidavit by petitioner's brother's son Surya Rao according to which he and his uncle are the proprietors of the Sri Ganeswara Rice and Oil Mills at Payakaraopeta in Vishakapatnam District. It is on the bank of the Tandava river which, it would appear, is strategically situated for black-marketing activities in rice near Tuni Town in the delta and rice producing District of East Godavari. His 'modus operandi' as described in the grounds of detention is the smuggling of rice into his mill from the East Godavari District by employing hundreds of persons for this purpose, who bring paddy to his mill in diverse ways across the river by head-loads, boat, bullockcart and also by train, all paid for in spot cash. This rice is said to have been transported in lorries and carts at the rate of a thousand bags a day to feed the black-market in various towns in Yishakapatnam District. At an inspection of his mill on 6-6-1951, large variations in the stock book and In the actual stock in the mill are said to have been discovered, and according to slips found in the mill unauthorised purchases of paddy to the extent of 280 bags for over Rs. 17,000/- that day alone detected. The grounds contain further specific instances of alleged unauthorised transport of paddy by petitioner by lorry in June 1951 and also refer to several specific persons, who carried the paddy from East Godavari to his mill.

(3.) According to the affidavit supporting the petition, the petitioner is a licenseholder under the Madras Food-Grains Control Order and also under the Madras Rice Mills Licensing Order 1941 entitled to purchase any quantity of paddy and store rice in the mill premises after milling, and to sell it to "appropriate persons" in Vizagapatnam, which is a derationed district. The affidavit urges that the petitioner was one of "the leading citizens" of the locality, that the order of detention is an abuse of power by the authorities and that he has done nothing Illegal.