R CH PAPAIAH NAIDU Vs. COLLECTOR CHITTOOR

JUDGEMENT

(1.) (Judgment, of the Bench delivered by the Hon'ble the Chief Justice)This is a petition for Habeas Corpus moved on behalf of the detenu Rangineni Chencbama Papaiah Naidu.

(2.) The detenu was ordered to be detained in view of the order of theCollector -Cum-District Magistrate, Chittoor dated 26th July 1989, The order was passed under the provisions of sub-section (2) (a) of Section 3 read with Section 3 (1) of the Prevention of Blackmarketing and Maintenance of supplies of Essential Commodities Act 1980. The order of detention was passed as, according to the detaining authority, the detenu was found transporting paddy unauthorisedly from Andhra Pradesh to Tamil Nadu contravening the provisions of Clause 3 of the Andhra Pradesh Paddy (Restriction on Movement) Order 1987, punishable under Section 7 of the Essential Commodities Act 1955 which as per Explanation under Section 3 (1) of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act 1980, means, acting in a manner prejudicial to the maintenance of supplies of commodities essential to the community.

(3.) According to the grounds of detention, the detenu is the ownerof lorry bearing number AHJ 189 and he was found unuthorisedly transporting paddy by misusing Form-X way bill from Andhra Pradesh to Tamil Nadu by the aforesaid lorry on 6-10-1988. On receipt of information that the detenu was purchasing paddy at Tottambedu and Srikalahasti areas of Chittoor District, without any licence, and unauthorisedly transporting the same to Red Hills of Tamil Nadu via Renigunta, Puttur etc , the Inspector of Police, Vigilance Cell, Flying Squad, Tirupati and his staff laid in wait near K.L.N. Hospital on Renigunta-Puttur road on 6-10-1988 at 5.30 a.m. At about 5.55 a.m., on that day, they noticed one loaded lorry, covered by tarpaulin, coming from Renigunta side. Suspecting the said lorry, they gave signals for the lorry to stop. The driver stopped the lorry 50 yards ahead of them, jumped down from the lorry along with another person and tried to run away. But both of them were apprehended. On enquiry, the apprehended persons disclosed that one of them was a driver of the lorry viz., Sri Lingunta Khnnaiah Munirathnam, and the other was working as a Clerk of the detenu viz., Sri Sankranti Babu. On apprehension, the driver stated that he was working as such for the past one year with the detenu, that the said lorry belongs to the detenu, that on 5-10-1988 at about 10 p.m., the detenu called him and directed him to proceed to Poyya village in Tottambedu Mandal along with the Clerk and bring 135 bags of paddy belonging to one P. Sreeramulu Naidu of Govardhanagiri village, and that the detenu handed over him one Form-X way bill belonging to P. Sreeramulu and instructed him to make use of the way bill for transporting the paddy. Consequently, the driver along with the Clerk reached Poyya village, and got 135 bags of paddy available at the house of K. Rama Naidu loaded into the said lorry, and left Poyya village. On the way, the way-bill was checked at the market-yard check-post at Srikalahasti and at the Commercial Taxes Checkpost, Renigunta where market-cess and tax were paid. The driver further stated that they, would take the load to Goverdhanagiri village and hand-over the way-bill to P. Sreeramulu, and then transport the paddy to Red Hills, Tamil Nadu. Similar statement was alleged to have been made by Sankranthi Babu, the Clerk of the detenu. Thereafter, it is mentioned in the grounds of detention that the detenu was arrested and released on bail whereas P. Sreeramulu was still absconding.