DANIMIREDDY SURYANARAYANA Vs. DISTRICT COLLECTOR AND DISTRICT MAGISTRATE EAST GODAVARI DISTRICT KAKINADA

JUDGEMENT

(1.) This is an application seeking a writ of Habeas Corpus filed by one Sri Danimireddy Suryanarayana, the detenu, who is detained under Section 3(2)(a) of the Prevential Commodities Act, 1980 (Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act (7 of 1980) ?), hereinafter referred to as "the Act".

(2.) The petitioner is a dealer of Fair Price Shop No. 36 and concurrently authorised from June, 1983 to run the Fair Price Shop No. 39 also at Rajahmundry. The District Magistrate, East Godavari at Kakinada being satisfied that the detenu has been acting in a manner prejudicial to the maintenance of supply of rice, an essential commodity, detained him exercising his powers under the provisions of the Act. The detention order was passed on 4-7-1983. The grounds of detention as well as the Annexures which are in Telugu language, were served on the detenu on 9-7-1983. The Government also has approved his detention. Aggrieved by the said order of detention the detenu has filed this writ petition supported by an affidavit sworn to by a close relation of his.

(3.) The learned counsel for the petitioner submits that the grounds are vague and non-existent. The second submission is that certain documents have not been supplied and therefore the petitioner was not afforded a reasonable opportunity to make his representation and consequently the detention is illegal. The next submission is that Telugu copies of the grounds are not supplied; and lastly it is submitted that the detaining authority has not applied his mind inasmuch as he has not considered whether in a case of this nature cancellation of the licence is sufficient to prevent the petitioner from acting in a manner prejudicial to the maintenance of supply of rice.