BRAHMAM N Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The Collector and District Magistrate, Prakasham District, Ongole, the second respondent, by an order dated 4-9-1994 in Rc.No.CC/54/94 directed the detention of one Nalluri Brahmam, the brother-in-law of the petitioner herein, under sub-section (2)(a) of Section 3 read with Section 3(l)(a) of the Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980, (for short 'the Act') "with a view to preventing him (the detenu) from further acting in any manner prejudicial to the maintenance of supply of commodity (rice) essential to the community". In the order of detention, it is mentioned that the detenu - Nalluri Brahmam - the owner of Navodaya Rice Mill, Jandrapet Prakasham District "has been indulging in acts prejudicial to the maintenance of supplies of commodities i.e., public distribution system (for short 'P.D.S.') rice which is essential to the community by diverting and selling the said rice and thus contravening clauses 3(1) and 4 of the Andhra Pradesh Scheduled Commodities (Regulation of Distribution by Card System) Order, 1973 and C1.3(l) of Andhra Pradesh Scheduled Commodities Dealers (Licensing and Distribution) Order,1982 r/w Sections 7 and 8 of the Essential Commodities Act, 1955". On the same day, i.e., 4-9-1994, the detenu was taken into custody and lodged in the District Jail, Nellore.

(2.) The detenu is the owner of Navodaya Rice Mill situated in Jandrapet holding Rice Milling Industry Licence No.ll93/S/Trading dated 2-11-1991, which was renewed upto 31-3-1995. He is also one of the four partners of Navodaya Rice Mill holding Form-B licence issued under the Andhra Pradesh Scheduled Commodities Dealers (Licensing and Distribution) Order, 1982, which was renewed upto 31-3-1995. The Managing Partner of the firm is one Y. Veeranjaneyulu and the firm is permitted to carry on business at premises bearing Door No.87/A-27, Jandrapet i.e., in the premises of Navodaya Rice Mill itself.

(3.) In the grounds of detention, it is stated that the Sub-Inspector of Police, Vigilance Cell, along with mediators, laid in wait on 12-8-1994 at the rice mill and they witnessed a lorry bearing No.AAK 5801 loaded with rice begs entering the premises of the rice mill. At that time, the detenu was present in the rice mill. Two persons - Gelli Punna Rao and Motumarri Nageswara Rao - said to be brokers, got down from the lorry and after a brief discussion, started unloading the rice bags from the lorry with the aid of coolies. By that time, the Sub-Inspector of Police, along with the mediators, arrived and on seeing them, Motumarri Nageswara Rao, one of the brokers, the lorry driver and some of the coolies ran away. The other broker, Gelli Punna Rao, when attempted to run away, was prevented by the Sub-Inspector and the other police personnel. On enquiry, the detenu failed to produce any documents pertaining to the rice being unloaded. The detenu, Gelli Punna Rao, the broker, and one of the coolies - Yadala Suryanarayana - furnished the following information to the Sub-Inspector: