MANOJ KUMAR JAIN Vs. STATE OF M P

JUDGEMENT

(1.) THIS is a petition under Article 226 of Constitution of India for issuance of writ of Habeas Corpus.

(2.) THE facts, giving rise to this petition, are as under :-Manoj Kumar Jain son of Pannalal Jain is resident of Guna, who is at present under detention in Central Jail, Gwalior. He is under detention under an order passed by District Magistrate, Guna. The order of detention purports to have been passed by the District Magistrate, Guna, on 2-12-1981 under section 3 (1) of the Prevention of Blackmarketing and maintenance of Supplies of Essential Commodities Act, 1980 (No. 7 of 1980) (hereinafter referred to as the Act ). Section 3 of the Act empowers the Central Government, State Government or any officer empowered under that section to take action under the said section. The competent authority, on being satisfied that with a view to preventing the person concerned from acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community it is necessary so to do, may make an order directing such person to be detained under the said provision. The District Magistrate has passed the order, which is challenged before us.

(3.) TO understand the submissions of the learned counsel for the petitioner, we will first consider the section itself, under which the action is taken. Section 3 of the Act is as under:-