RAMESH CHANDRA AGRAWAL Vs. ADHIKCHHAK JANPAD KARAGAR

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution Ramesh Chandra Agarwal questioned the validity of his detention under the provisions of Section 3 (1) of the prevention of Black marketing and Maintenance of Supplies of Essential Commodities Act, 1980 authorized by the District Magistrate, Agra vide his order tinted 4th January, 1984.

(2.) THE petitioner is a licenced wholesale dealer of Kerosene Oil carrying on business in the name of M/s. Ramesh brothers at 3-15 Chhatta Gali, Agra. It is said that the Additional District Magistrate (Supplies ). Agra inspected the business premises of the petitioner on 19th November, 1983 and after inspecting the records made available to him, he concluded that the petitioner had during the month of October. 1983 disposed of 16000 litres of Kerosene Oil in black market by showing its sale in the name of fictitious persons. In due course a Crime Case No. 509 of 1983 under Sections 3/7 of the Essential Commodities Act was registered and the petitioner was arrested on 31st of December. 1983. The same day he was released on bail. The Additional District Magistrate (Civil Supplies) then submitted the report to the District Magistrate, Agra requesting him to take action against the petitioner under the Prevention of Black marketing and Maintenance of Supplies of Essential Commodities Act, 1980. The District Magistrate then passed the impugned order authorizing petitioner's detention under the provisions of the said Act on 4th January, 1984. The petitioner was in pursuance of the said order, arrested on 9th January, 1984 when the copies of the order as well as the ground on which the requisite satisfaction of the District Magistrate was based, were also served upon him. In due course the detention order was approved by the State Government on 13th January. 1984 and the information about the same was forwarded to the Central Government on 16th January, 1984. The State Government then placed the necessary papers before the Advisory Board on 17th January, 1984. In the meantime Sri Daya Shanker Misra Advocate submitted representations addressed to the President of India. Prime Minister, Governor of the State and the Chief. Minister of the State requesting them to revoke the order of detention dated 4th January, 1984 passed by the District Magistrate, Agra. The petitioner also submitted re-presentation addressed to the Secretary of Government of U. P. through Superintendent District Jail. Agra praying for revocation of the order of detention. According to the averments made in the writ petition the representations sent by petitioner's counsel on 17th January, 1984 addressed to the President of India, Prime Minister, Governor of the State and Chief Minister of the State were all delivered to the addressees on 19th of January. 1984 as was borne out from the acknowledgement due slips received by the learned Counsel on 28th January, 1984 and 31st January, 1984.

(3.) THE petitioner filed the present petition before this Court on 9th of Feb. 1984 raising a number of grounds for questioning the validity of his detention in pursuance of the order passed by the District Magistrate, Agra on 4th January. 1984. However, in view of the facts mentioned in the counter-affidavit filed on behalf of the respondents, the petitioner pressed only some of the grounds raised by him in his petition and we will proceed to consider the grounds so pressed by him.