GANGARAM Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners brother named jai Bhagwan was kept under detention by an order of detention passed by the first Respondents on 20-2-1982, under S. 3 of the Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980 hereinafter referred to as the Black-marketing Act.

(2.) While passing the order of detention in exercise of the powers of conferred under S. 3(1) of the Black-marketing Act the Commissioner of Civil Supplies furnished the grounds of detention on 20-2-1982 as required under S. 8 of the Act, in order to enable the detenue to make a representation against the order of detention to the appropriate Government. The grounds read as follows :-

(3.) Sri P. Babulu Reddy challenges the order of detention on the following grounds. 1. That the order was void since the material furnished to the detenue were vague or insufficient affecting his right to make an effective representations against the order of detention. 2. That the documents on which the Detaining Authority relies were not furnishing to the detenue : 3. That the grounds are not specific inasmuch as the Detaining Authority is certain or decisive in its mind whether the acts of the detenue come under clause (a) or Clause (b) or under both the clauses of Explanation to S. 3 of the Act, and 4. That the proceedings under S. 6-A of the Essential commodities Act and consequent criminal proceedings launched against the detenue debar the detaining authority from taking action for his detention under the Act.