AUDILAKSHMI Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner seeks for the issuance of a writ of Habeas Corpus directing the respondents to release the detenu, who is the petitioner's husband. The petitioner's husband was detained on 10-12-1983 in the Central Jail, Visakhapatnam by an order of detention dated 9-12-1983 passed under Section 3 (a) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act (hereinafter referred to as the 'Act').

(2.) The petitioner was detained on the following grounds:

(3.) On 6-9-1983, the Inspector of Police, Gudur seized the lorries of the detenu bearing Nos. TMT 3789 with 300 bags of paddy weighing 129 quintals, and AAN 4999 with 150 bags of ric weighing 73 quintals when they were kept at 2/2 K.M. on Gudur-Momidi road for purposes of transport and sale in Tamil Nadu State. The Inspector of Police, Gadur verified the records and found that the lorry TMT 3789 contained no trip sheet and the lorry AAN 4999 contained the way bill dated 5-9-1983 showing that the lorry is transporting 132 bags of "Chamagaddalu" from Nelloce to Madras. The Inspector of Police, Gudur registered a case in dime No. 180/83 of Gudur Rural Police Station for violation of "the clause 3 of the Andhra Pradesh Scheduled Commodities Dealers (Licensing and Distribution) Order, 1982 and Clause 3A (1) of the Andhra Pradesh Rice Procurement (Levy) and Restriction Sale Order, 1967, in respect of lorry TMT 3789 and Clause 4 (1) of the same Order in respect of the Lorry AAN 4999. The Order of detention was served on the detenu on 10-12-1983 while the grounds were furnished to the detenu on 14-12-1983 and the copies of documents were furnished to the detenu on 21-12-1983.