R SAMPAT KUMAR Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The order of detention passed by the District Magistrate, Warangal, detaining Sri Yathamsetty Srinivas Rao, (hereinafter referred to as the detenu) under S. 3(2)(a) read with Section 3(1) of the Prevention of Black-marketing and Maintenance of Suppliers of Essential Commodities Act, 1980. (for short the Act) is assailed in this Writ Petition. When the matter came up for hearing before a Division Bench consisting of My Lord. The Chief Justice and Lakshmana Rao, J., counsel for the petitioner Sri C. Padmanabha Reddy, submitted that the decision of a Division Bench of this court in W.P. No. 13884 of 1985 dated 27-12-1985 requires re-consideration. In the aforesaid judgment the Division Bench held that Clause 13 of the A.P. Levy Cement Distribution (Licensing and Regulation) Order 1982 (hereinafter referred to as "the Levy Cement Distribution Order") would be contravened, if any person aids and abets the illegal disposal of levy cement. According to the learned Counsel for the petitioner the contravention is referable only to a "permit-holder" of the cement and not to a person other that the permit-holder. The Division Bench felt that the question raised by the learned counsel for the petitioner is important, and as it frequently arises for consideration the matter should be considered by a Full Bench. That is how the matter is placed before us.

(2.) The relevant facts resulting in the passing of the aforementioned order of detention by the District Magistrate, Warangal may be referred to.

(3.) The work relating to the construction of double lane road-bridge at K.M. 11.212 of IR of D.M.B. 31 of Kakitiya Canal was given on contract to one Seelam Komuraiah on 15-2-1984. The amount of contract is Rs. 1,01,152.00 and the Irrigation Department has to supply the required cement for the purpose of construction of the bridge. The detenu was managing the aforesaid work on behalf of the contractor with the assistance of one Sangala Mallaiah. On receipt of information that the detenu was diverting levy cement supplied by the Department for use by a private party, the Inspector of Police, Vigilance Cell (Civil Supplies) Department, kept vigil. At about 4.00 a.m. on 29-1-1986, a lorry bearing No. APH 914 of which the detenu was the owner, loaded with 170 bags of ACC levy cement reached the site of construction of a building in Baba Nagar Colony Subedari Post Officer, Hanamkonda and stopped. The Inspector checked the lorry. One Immadi Koti was driving the lorry. Sangala Mallaiah, who was said to be assisting the detenu in the construction, and K. Rajasekhar, Works Inspector of the Irrigation Department, a public servant, were sitting in the front cabin of the lorry along with the driver. Another person by name A. Shekaraiah was also in the lorry. He is reported (related ?) to Mallaiah and Rajasekhar stated that on instructions from the detenu 300 bags of ACC levy cement was lifted from the Irrigation Department, Civil Stores, Chintagattu Camp, Hanamkonda to be transported to the official canal site godown situate near the Gude-Pahad Cross-roads for the use in the construction of the bridge. The 300 bags of levy cement so lifted were, in the first instance, unloaded at the premises of Bhagyalakshmi Timber Depot, Warangal. Out of the 300 bags, 130 bags were transported and kept in the Municipal Park and the remaining 170 bags of levy cement were transported to the site of the construction of a building situate at Baba Nagar Colony, Subedari Post Officer, Hanamkonda. They further stated that the 170 bags of levy cement were transported under instructions from the detenu in his above referred lorry. Immediately the driver Mallaiah and Rajasekhar were arrested and a case was registered in Cr. No. 4 and investigation was taken up by the Inspector, Vigilance Cell, Civil Supplies Department, Warangal. The lorry was seized on 29-1-1986 in the presence of two Panchas. The Inspector also seized the 130 bags of levy cement unloaded earlier at Municipal Park. Thereafter the Inspector, Vigilance Cell, inspected the official site godown at Gude-Pahad Cross-Roads and found stock of 62 bags of levy cement. This was also seized.