BASANI VENKATRAMA NAIDU Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) This Writ Petition is filed on behalf of the petitioner-detenu, by his younger brother Sri B. Ramachandra Naidu for a declaration that the detention of the petitioner is illegal and void and for setting him at liberty.

(2.) The facts leading to the petition, in brief, are as follows : The Collector and the District Magistrate, Chittoor, 2nd respondent herein, detained the petitioner by his order dated 2.12.92 under section 3(2)(a) read with Section 3(1) (a) and (b)(i) of the Prevention of Black-Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (hereinafter referred to as the 'Act, 1980'), on the ground that it is necessary to prevent him from acting further in a manner prejudicial to the maintenance of supplies of the commodities essential to the community, for personal pecuniary gain. The impugned order was served on the petitioner on 2.12.92. In support of the impugned order of detention, the petitioner was supplied with grounds on which he was detained and other relevant materal.

(3.) In support of the order of detention, the 2nd respondent relied on the following grounds. The petitioner is a lorry owner. He owned two lorries bearing Nos. A.P.-03-T-4464 and A.P.-03-T-5166. He had no licence to trade in food grains. He executed an agreement dated 3.6.92 in favour of his brother B.Krishnaiah Naidu, resident of Kalakada for sale of the lorry No. A.P.-03-T-5166. Even after the agreement, he continued to control the movements of the above lorry and the lorry bearing No. A.P.03-T-4464. He has been making use of the said two vehicles for clandestine transport of paddy. He has been purchasing paddy either singly or in partnership with others from ryots in and around the villages in the state of Andhra Pradesh situated within easy reach of Tamilnadu, transporting the same to Tamilnadu, employing the lorries referred to above. The 2nd respondent relied on the following four incidents :