OM PRAKASH AGARWAL Vs. STATE

JUDGEMENT

(1.) By this petition, under Art.226 of the Constitution of India, Om Prakash Agarwal (hereinafter referred to as the detenu) questions the validity of his continued detention by an order dated 2-8-1984 of the District Magistrate, Agra, passed under S.3(1) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (hereinafter referred to as the Act).

(2.) The detenu, a resident of 4/108, Kutchery Ghat, Agra and a retail dealer in non-levy cement, is carrying on his business in premises No. 37/105, Nagla Padi, Saran Nagar, Agra, under a licence granted to him under the U. P. Cement Control Order, 1973 for carrying on this business at 86/6, New Agra. It was discovered in an inspection of the said two premises made by raiding party consisting of the Additional District Magistrate (Civil Supplies), District Supply Officer, Senior Marketing Inspector and two public witnesses. During the inspection it was also found that the detenu was not only carrying on his business at a premises other than the place mentioned in his licence but was committing several irregularities. For example, 39 original cash memos purported to have been issued to the purchasers and only one counter-foil were found in the shop. They were all loose. None of the 39 cash memos contained the names and addresses of the purchasers to whom they related. No stock register or sale register was available. Instead a rough copy was found in which stock of cement entered on that date was 890 bags. On physical verification the actual stock was 923 bags i.e. 33 bags in excess of the stock. No Rate and Stock board was found displayed. The detenu when asked to produce his licence, he slipped away from the shop without producing it. Thus he was found carrying on his business by contravening the provisions of U. P. Cement Control Order, 1973 and U. P. Essential Commodities (Display of Prices and Stock and Control of Supply and Distribution) Order, 1977. Consequently the Senior Inspector of District Supply Office lodged a report on the same date with the Police for initiating proceedings against the detenu under S.3/7 of the Essential Commodities Act. On 26-7-1964 the detenu surrendered in Court and before he could secure his release on the bail, the impugned order was passed by the District Magistrate, Agra, on 2-8-1984. On 3-8-1984, this order was served on the detenu also in jail.

(3.) On 14-8-1984 a representation was made by the detenu to the State Govt. which was forwarded by the Superintendent, District Jail, to the district Magistrate where it was received on the same day at 8.45 P.M. 15-8-1984 being a public holiday due to the Independence Day, this representation along with the comments of the District Magistrate was sent to the State Govt. on 16-8-1984. A copy of the representation was also sent to the Advisory Board (Detention) Lucknow, where it was received on 17-8-1984. The representation of the detenu was ultimately rejected by the Governor of Uttar Pradesh on 27-8-1984 which was communicated to the detenu on 1-9-1984.