VINOD KUMAR Vs. DISTRICT MAGISTRATE INDORE

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution the petitioner Vinod Kumar has challenged the detention of his father Gopaldas Nagori who has been ordered to be detained vide order No.Q/Ps/Det 85 dated 27-7-85 (Ann 'A') passed by the District Magistrate, Indore the respondent No. 1 in exercise of the powers conferred upon him by sub-section (1)(b)(2)(a) of section 3 of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (for short the Act').

(2.) The facts disclosed by the grounds of detention communicated to the detenu and the particulars mentioned in the schedule annexed thereto may be summarised as follows : The detenu is the proprietor of M/s Agrawal Industries Indore, Manager of M/s Usha Enterprises Indore and Attorney of Nagori Cement Private Ltd. Bagh district Dhar. M/s. Agrawal Industries are manufacturing Sagol and Murrum powder while Usha Enterprises are manufacturing Murrum powder. Sagol and Murrum are being packed in cement bags weighing 50 KG. and 40 KG. respectively. The colour of the cement and of the Sagol and Murrum powder is substantially similar. The cement produced by the M/s Nagori Cement Private Ltd is stored in the premises of M/s. Usha Enterprises. At the time of checking 115 bags of cement were found there. 204 bags Murrum powder was also found in 204 bags of cement in the premises of M/s. Usha Enterprises. 131 bags of Sagol and 168 bags of Murrum powder packed in cement bags were found in the stock of M/s. Agrawal Industries at the time of checking. M/s. Agrawal Industries and Usha Enterprises are located in front of each other. Although according to the provisions of M.P. Cement Apmishran Nivaran Adhiniyam, 1981 (for short 'the Adhiniyam') the weight of the bag in which Sagol and other cementitious material is packed should not exceed 35 kg. and the gunny bags in which it is packed should be different from the cement bags, in both the establishments of the detenu Sagol and Murrum powder was packed in cement bags weighing 50 and 40 kg. respectively. The cement produced by the Nagori Cement Private Ltd. was stocked in the premises of M/s. Usha Enterprises. Sagol and Murrum powder is stocked in M/s. Agrawal Industries and murrum powder and cement is stocked in the premises of Usha Enterprises.

(3.) On the basis of the above fact it is stated by the detaining authority that it is clear that the detenu is a party to the sale of Sagol and Murrum powder as cement to the illiterate general public keeping them in the dark and is indulging in profitering by passing of Sagol and Murrum powder as cement, they being of the same colour, and is carrying on the illegal business of sale of the adulterated cement through the medium of unsocial elements and the act of the detenu is an attempt to defeat the provisions of the Essential Commodities Act, 1955.