MADAN GOPAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By this petition for a writ of habeas corpus under Article 226 of the Constitution, petitioner Madan Gopal questions the validity of his detention authorised by the District Magistrate, Aligarh under the provisions of Section 3 of the Prevention of Black Marketing and Maintenance of Supplies Essential Commodities Act, 1980 (hereinafter referred to as the Act) vide his order dated 17th of October, 1983.

(2.) Petitioner's detention has been directed on the ground that on 14th of October 1983 he was carrying 9000 liters of kerosene oil in a tanker. The authorities wanted to stop the tanker, but the tanker did not stop. It was chased and subsequently it was stopped and the petitioner along with his driver and cleaner were arrested. Immediately samples of kerosene oil were taken and requisite recovery memos were prepared. The petitioner did not have any licence for dealing in kerosene oil or storing the same. He was also not an authorised retail distributor of kerosene oil. The District Magistrate accordingly concluded that the petitioner was indulging in illegal trade in kerosene oil and that it was necessary to detain him with a view to prevent him from so acting.

(3.) In due course petitioner's representation was considered by the Advisory Board and the State Government and was ultimately rejected.