KALUSVAMI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition under Article 226 of the Constitution is by one Smt. Kalavathi for the issue of a writ of Habeas Corpus for setting at liberty her husband, Shivasari Gangadhar (hereinafter referred to as 'the detenu') who is undergoing detention pursuant to the order dated 6-6-1986 passed under Section 3 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, by the second respondent, the District Magistrate (District Collector), Adilabad. The gravemen of the charge against the-detenu is that he is the registered owner of lorry bearing No. ATJ 3041, and that he had been transporting paddy from Adilabad district in this State to Dharmabad District in Maharashtra State by making use of that lorry, without any permit in that behalf, which he amounted to violation of clause 3 of the A.P. Paddy (Restriction on Movement) Order read with Section 7 of the Essential Commodities Act, 1955. In.the operative portion of the grounds it is stated as follows :

(2.) On behalf of the respondents, the learned Advocate General had drawn the attention of the Division Bench (to a recent Division Bench ruling of this Court (which appears to have been so far not reported) in WP.No. 13033 and 13037/85 dated 11-12-1985, where in it was held:

(3.) In view of the fact that there appeared to be an apparent conflict between the decision of the Supreme Court, on the one hand, and the 'decision of our Division Bench, on the other, and considering the importance of the question of law involved, the Division Bench has referred the matter to a Full Bench ; and thus it is before us now.