RAJENDRA KUMAR GUPTA Vs. DISTRICT MAGISTRATE DURG

JUDGEMENT

(1.) This is a petition for issuance of a writ of have as corpus for release of Mohanlal Gupta who has been detained by the order of the District Magistrate, Durg, dated 29th October 1982, under section 3 of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980.

(2.) The grounds of detention were supplied to the detenu on 2nd November, 1982. The detention order has been passed with a view to prevent the detenu from acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community i.e. preventing him from committing or instigating others to commit any offence under the Essential Commodities Act, 1955 and preventing him from dealing in essential commodities with a view to making unlawful gains. A perusal of the grounds of detention which were supplied to the detenu will show that they are all connected with the distribution of food grains by a co-operative society bearing the name Prathmik Sahakari Upbhokta Bhandar Maryadit, Supela, of which the petitioner was the President. This cooperative society was allotted eleven shops under the M. P. (Khadya Padarth) Sarvjanik Nagrik Purti Vitran Scheme, 1981. The grounds contain allegations of mal-practices adopted by the society in distribution of food grains to the ration-card holders. It is also stated that the contraventions were done with the knowledge and consent of the detenu and on his directions and that the detenu in his capacity as President of the society did not exercise due diligence to prevent the said contraventions.

(3.) It is not in dispute that there was a complaint against the co-operative society by the District Congress Committee as a result of which Deputy Collector Shri Gupta made certain enquiries. He gave an interim report on 10th September 1982. On the basis of that report the Food Officer on 13th September 1982 passed an order by which the society was prevented from carrying on the work of distribution of food grains. All the ration-card holders who were receiving supplies from the eleven shops allotted to the society were assigned to some other shops. It is also not in dispute that at the time when the order of detention was passed by the District Magistrate, proceedings for cancellation of the allotment of fair price shops to the society were pending before the sub- Divisional Officer under Clause 13 of the Scheme.