LAWS(MPH)-2023-5-129

BADRI PRASAD BASEDIYA Vs. STATE OF M.P.

Decided On May 03, 2023
Badri Prasad Basediya Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) This writ petition by a detenu, under Article 226 of the Constitution of India, is directed against the order dtd. 6/1/2023 passed by District Magistrate District Bhind in exercise of powers under Clause (1) of Sec. 3 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 (hereinafter referred to as, ''the Act'') to prevent the petitioner from acting in any manner prejudicial to the maintenance of supplies essential to the community and with a view to making gain in any manner which tend to defeat the provisions of the Essential Commodities Act, 1955.

(2.) Along with the order, petitioner has also been served with the grounds of detention on same date i.e. 6/1/2023 as well as other material; a detailed report with enclosures of District Supply Officer, district Bhind addressed to District Magistrate, District Bhind dtd. 5/1/2023.

(3.) On perusal of the documents supplied to the petitioner, it appears that about 12 quintals of rice, packed in 24 sacks (each containing 50 Kgs), bearing seal of MP Civil Supplies Corporation stitched and tagged in the name of M/s. Ganesh Trading Corporation, Bandha Road Gohad were found on the doorstep of the petitioner's house. It is alleged despite queries raised about the same, no explanation much less satisfactory explanation was given either by the petitioner or members residing in his house.