PAWAN KUMAR DHANUKA Vs. STATE OF ORRISSA

JUDGEMENT

(1.) IN this habeas corpus petition challenge has been made to the order of detention dated 25-11-2008 passed by the District Magistrate and Collector, bargarh, opposite party no. 2 under Section 3 (1) of the Prevention of Blackmarketing and maintenance of Supplies of Essential Commodities Act, 1980 (hereafter referred to as "the Act" ).

(2.) THE brief facts giving rise to this habeas corpus petition are that during surprise check on 28-8-2008 at 11. 30 p. m. in the premises of the petitioner i. e. M/s. Pooja industries at village Kadalimunda within barpalli P. S. in the district of Bargarh it was found that kerosene was being converted by chemical process to look like diesel. Two oil tankers were parked inside the industries. In one tanker, 8920 litres of blue dyed kerosene and in the other, about 12120 litres of blue dyed kerosene were uploaded to the processing plant. Regarding the said fact, in FIR was registered against the petitioner by the Vigilance Department and the investigation was carried out. Investigating officer reported that the petitioner was illegally procuring kerosene meant for sale through Public Distribution System and converting the same in his fabricated industries and the converted kerosene was being sold to different petrol pumps to adulterate diesel. Apprehending arrest in Vigilance G. R. Case No. 43 of 2008, petitioner approached this Court under S. 438, Cr. P. C. in BLAPL No. 11976 of 2008 which was allowed on 29-8-2008 giving him liberty to surrender before the learned C. J. M. , sambalpur in connection with the aforesaid case. It was further directed that he shall be admitted on bail on such terms and conditions as the learned C. J. M. would deem fit and proper including a condition to furnish cash security in accordance with law in the interest of justice. Accordingly, petitioner surrendered in connection with the aforesaid case on 1-10-2008 and on furnishing bail bond of Rs. 50,000/- with two sureties he was released.

(3.) WHILE the matter stood thus, on 28-11-2008 petitioner was arrested under the act. The order of detention under Sections 3 (1) and 3 (2) of the Act was passed on 25-11-2008 by opposite party No. 2 against the petitioner on the grounds that -"the petitioner who is proprietor of M/s. Pooja Industries, Kadalimunda has been running a plant in the above named industries to change the colour of blue dyed kerosene which has been detected by the Vigilance squad and staff of Civil Supplies, bargarh on 28-8-2008/29-8-2008 night. Two oil tankers having 12120 litres and 2010 litres of blue dyed kerosene were detected in course of the said raid. No document was furnished in connection with the procurement of the huge quantity of blue dyed kerosene. The transit pass, challan, invoice and consignment note were seized from the driver of the vehicle who stated that those documents were given to him by the petitioner and the petitioner has escaped from the spot on arrival of vigilance raiding party and the petitioner's employees available in the factory were unable to produce any document before the raiding party and they stated that the documents were available with the petitioner. Petitioner is not a licencee to deal in kerosene. Thus, the petitioner has violated Clause-3 of the Orissa Public Distribution System (Control) Order, 2002 to deal with essential commodities meant for public distribution. In the year, 2005 (15-2-2005) the Inspector of Supplies (Procurement) also detected 1450 litres of blue dyed kerosene from the petitioner's industries and the petitioner had admitted to be the owner of the seized kerosene vide petitioner's statement dated 15-2-2005. Misc. Case No. 11 of 2005 under Section 6-A of the E. C. Act, 1955 was initiated against the petitioner for contravening the OPDS (Control) Order, 2002 and the report under Section 7 of the e. C. Act, 1955 was submitted against the petitioner in the Court of J. M. F. C. , Barpali. The seized article was confiscated to the state Government vide order dated 21-7-2005. In the same year during December, 2005 petitioner had been caught by the vigilance squad for hoarding 4800 litres of blue dyed kerosene by violating Clause-3 of the opds (Control) Order, 2002 from the premises of Pooja Industries. In the said case charge-sheet has already been filed and the said case is sub judice. The seized 4800 litres of blue dyed kerosene had been confiscated to the State Government by order dated 12-7-2006. Therefore, judging the aforesaid conduct, the detaining authority was satisfied that the petitioner is in habit of committing similar offences time and again. It was apprehended that the petitioner is also likely to continue committing offences under Essential Commodities Act, 1955 and deal with essential commodities like kerosene which is meant for Public Distribution system with a view to make personal gains, in any manner, which may directly or indirectly defeat or tend to defeat the provision of Essential Commodities Act, 1955 and orders were issued thereunder. " in the said grounds of detention, it was also indicated that the petitioner was at liberty to make any representation to the Government or to the Government of India in the address of the Secretary, Ministry of food and Civil Supplies (Department of Civil supplies) and also to the Advisory Board, if he so desired.