A RAMASWAMY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) In this writ petition the detention of one Anumandla Agaiah is questioned. The detention order was passed on 5-8-1981.

(2.) In the grounds of detention it is stated that the detenu has been indulging in clandestine business of cement by illegal purchase of cement for sale, sale of cement in blackmarket and storage of cement for sale unauthorisedly for more than four years with a view to make unlawful gain, thus directly defeating the provisions of A.P. Cement Distribution (L & R) Order, 1980. He had also contravened the provisions of similar laws in the past by dealing in cement without licence and indulging in hoarding, black-marketing and profiteering. Thus, his activities had been prejudicial to the maintenance of supplies of commodities essential of the community. Some of the illegal acts of the detenu were booked and action was taken against him under S. 6-A of the Essential Commodities Act by way of confiscation of seized cement. In the grounds of detention, six instances have been quoted.

(3.) A. Ramaswamy, the brother of the detenu filed the affidavit and in paragraph 8 of the said affidavit it is stated that ground No. 4 deals with the commodity known as Sagol which has got properties of cement but not cement within the definition of Cement Control Order of 1980. It is a free sale commodity and it is not subjected to the provisions of the Control Order. The panchanama conducted by the Tahsildar on 2-5-1981 itself clearly shows that what is seized is only Sagal and it is not an essential commodity disposal of this writ petition, there is no need to refer to other grounds.