PRAMOD KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner by means of this petition filed under Article 226 of the Constitution has challenged the order dated 6-6-1988 passed by the District Magistrate, Sitapur, by which he has been detained under the provisions of Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 (No. 7 of 1980) (hereinafter referred to as the Act).

(2.) THIS order was served on the petitioner on 18-8-1988 accompanied by the grounds of detention as also other materials, namely Fard Baramadgi dated 19-10-87, statement of S. I. Sri Ramesh Singh, statement of Constable U. T. Lalaram, statement of Constable U. T. Suresh Kumar Tewari and statement of Constable 12 Ishwar Prasad Tewari. Copies of the detention order, the grounds and the documents referred to above have been filed as Annexures B-1 to B-7 with the counter-affidavit filed on behalf of the opposite parties.

(3.) THE stress of the learned counsel for the petitioner is on the explanation to sub-section (1) of section 3 which explains the expression "acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community."