GOVARDHAN LAL Vs. COMMISSIONER OF POLICE HYDERABAD

JUDGEMENT

(1.) On 28th of December, 1973 at about 12-30 P.M., the Food Inspector, Municipal Corporation of Hyderabad along with some other officers visited the business premises of Murari & Co., which is a firm doing business of selling refined groundnut oil and Vanaspathi as a wholesale dealer. It is said that the Honourable Minister for Public Health the State of Andhra Pradesh was also present at the time of the visit. Murari & Co., gets refined groundnut oil and vanaspathi from manufacturers like Rajendra Oil Mills, Musheerabad etc., as sole distributors. It purchases refined oil in bulk of about three tonnes a day. The supplies are made through a tanker of the manufacturers and the firm receives them into its own storing tank. That storing tank is under the exclusive control of the firm. From the tank the oil is taken on through a pipe to smaller tins of about 15 kg', arid after filling them, these tins are sealed with its trade name "Gold Mohar".

(2.) When the Food Inspector and other officers visited the business premises of the firm in the company of the Honourable Minister, the process of filling the smaller tins with the oil from the storage tank was going on. One sample bearing No. 153 was taken from one of the smaller tins which were being filled up and another sample bearing No. 154 was taken from the oil in the storage tank. The specialists present made on the spot test of the two samples and found prima Jade that both the samples were adulterated. After following the procedure prescribed therefor, the authorities took these samples after paying money to the firm and went away.

(3.) On 4th January, 1974, Sri Lakshmi Nivas, the Managing partner of the firm was detained under the Orders of the Commissioner of Police under section 3 (1) (a) (iii) of the Maintenance of Internal Security Act (hereinafter called the Act). The grounds for his detention were served on the detenue on 7th January, 1974. This writ petition has been filed for the issue of a writ of habeas corpus to release him.