CHAKINAM VENKATESAM Vs. GOVT OF A P

JUDGEMENT

(1.) Chakinam Venkatesam, the petitioner herein, is seeking a Writ of Habeas Corpus for the release of his son Chakinam Prasad who has been detained by the Collector and District Magistrate, Karimnagar by an order dated 23-1-1993 passed under Section 3(2) (a) read with Section 3 (1) (a) of the Prevention of Black-Marketing and Maintenance of Supplies of Essential Commodities Act, 1980.

(2.) The detenu Chakinam Prasad is a partner of a firm called M/s. Navachaitanya Traders, Jagtial, Karimnagar District. On 1-12-1991 the firm obtained on lease a rice-mill belonging to the District Co-operative Society, Jagtial for a period of one year. On the intervening night of 2/3-11-1992 at about 4.30 A.M., a lorry bearing registration No. ADT 3552 carrying 110 quintals of rice was intercepted by the Inspector of Vigilance near Saloor Integrated Check-post. The detenu was also travelling in the lorry. On interrogation by the Inspector, the detenu produced a release certificate issued by the District Supply Officer, Karimnagar which disclosed that the certificate was issued in the name of M/s. Navachaitanya Traders, Jagtial for the transport of 90 quintals of fine raw rice. It was also found that the words 'Maharastra State' were typed on the certificate after striking out the words 'Andhra Pradesh'. The lorry was permitted to transport 90 quintals of raw rice in 180 bags on 2-11-1992 but the physical verification disclosed that the stock comprised 220 bags of Hamsa (fine raw rice) each bag weighing 50 Kgs., totalling 110 quintals - 20 quintals in excess of the permitted load. When the premises of the rice mill were inspected by the Inspector of Police, V.C.C.S., Department on 3-11-1992 at 2 P.M., he found that the stock register was not maintained subsequent to 15-10-1992 and there were no entries in the stock register to transport 110 quintals of raw rice to Nanded of Maharastra. No certification was made by the Loading Officer authenticating the various consignments shown to have been sold in the stock register from 8-9-1992. Huge variations between the stocks in the mill and the closing balances as mentioned in the registers were found - disclosing the presence of excess quantity of 126.48 quintals of paddy and 2.66 quintals of raw rice. The Inspector of Vigilance seized the ground stocks of 457.10 quintals of paddy, 66 quintals of raw rice and 73.50 quintals of broken rice all of the approximate value of Rs. 2,18,842/- and registered a case in Crime No. 30/ VCCS/KNR/92 under Clause 7(a)(1)(ii) of A.P. Rice Procurement (Levy) Order, 1984 and for violation of Conditions 3 to 8 of the release certificate issued under Clause 3 of A.P. Scheduled Commodities Dealer's (Licensing & Distribution) Order, 1982. The Collector and District Magistrate, Karimnagar therefore passed the impugned order of detention on 23-1-1993.

(3.) In the grounds of detention supplied to the detenu all the details have been mentioned. The substance of the statements of the driver of the vehicle, one Md.Riaz, one partner of the firm, Pallerla Manohar, a hamali Chinna Mallaiah and the District Supply Officer are referred to. The grounds also mention that the investigation by the police disclosed that the permit bearing No.17420 dated 22-10-1992 was issued by the District Supply Officer, Karimnagar in favour of the firm for transporting 90 quintals of raw rice within the State of 'Andhra Pradesh' only but the words 'Andhra Pradesh' were struck off and the word 'Maharastra' was inserted in the certificate. The detenu was also found in possession a third blank copy of the way-bill bearing No. 32 covering the consignment in question in order to manipulate the record subsequently to suit the convenience of the detenu. After referring to all this, it is mentioned in the grounds that "the entire load which was meant for sale within the State of Andhra Pradesh was being illegally transported to Maharastra State" by the detenu. Paragraph-11 of the grounds supplied says that launching of prosecution against the detenu would not have the desired effect to prevent him from further activity in a manner prejudicial to the maintenance of supplies of commodities essential to the community as its culmination would take a long time.