N BALAIAH Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) On 23rd April, 1991, the Collector and District Magistrate, Kurnool passed an order in Rc.C1.1178/M/91 in exercise of his powers under sub-section (2) (a) of Section 3 read with Sec. 3 (1) (a) of the prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Act VII of 1980) directing detention of one Nali Balaiah, a businessmen of Veldurthi Village, Kurnool District, for a period of six months, after being satisfied that the detention was necessary in order to prevent the said Balaiah from further acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community. The detention order recites that the detaining authority (second respondent) received credible information that Balaiah taking advantage of the Gulf crisis:

(2.) The dealer Balaiah was taken into custody on 10-5-1991 and lodged in the District Jail, Secunderabad. On the same day the grounds of detention were served on him. The detenu made a representation to the State Government on 28-5-1991 and the same was rejectedon 19-6-1991. The Advisory Board constituted under the Act VII of 1980, after considering the material placed before it was of the opinion that there was sufficient cause for the detention.

(3.) The wife of the detenu filed this writ petition seeking a writ of Habeas Corpus for release of the detenu. After setting aside the order of Detention passed by the second respondent Collector and District Magistrate, Kurnool.