MOHAMMAD YUSUF Vs. DISTRICT MAGISTRATE MORADABAD

JUDGEMENT

(1.) THESE two petitions under Article 226 of the Constitution for writ of habeas corpus by Mohammad Yusuf and Mohammad Muslim who are father and son can be conveniently disposed of by a common judgment. Whereas writ petition no. 2499 of 1984 is by Mohammad Yusuf, the petitioner in writ petition no. 2500 of 1984 is Mohammad Muslim.

(2.) ON 13th February, 1984, the District Magistrate Moradabad passed two different orders authorising the detention of Mohammad Yusuf and Mohammad Muslim under section 3 of the Prevention of Black marketing and Maintenance of Supplies of Essential Commodities Act, 1980. The detention order along with the grounds therefor were served upon the two petitioners while they were in jail custody after surrendering themselves on 16th February, 1984 before the Special Judge Moradabad on 15th February, 1984 in connection with the case under section 3/7 of the Essential Commodities Act that had been registered against them on 8th February, 1984.

(3.) A perusal of the aforesaid facts on which the order of detention was passed indicates that the District Magistrate's satisfaction that it was necessary to detain the two petitioners with a view to prevent them from acting in any manner prejudicial to the maintenance of supplies of commodities to the community was based on the ground that the two petitioners had committed offences punishable under section 3/7 of the Essential Commodities Act, 1955 inasmuch as they had illegally imported hard coke and had after storing the same sold a part of it without obtaining a licence under the provisions of Uttar Pradesh Coal Control Order, 1977.