PUTUL GOGOI Vs. UNION OF INDIA

JUDGEMENT

(1.) By this application under Article 226 of the Constitution of India seeking a Writ in the nature of Habeas Corpus, the detention order dated 2.9.04 issued by the District Magistrate, Sivsagar has been assailed by the detenu-petitioner who has been detained under Section 3(1) of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 (for short, 'the Act') connecting him with Doomdooma P.S. Case No. 208/03 registered under Sections 379/411/468/420IPC read with Section 7 of E.C. Act alongwith Kamargaon P.S. Case No. 34/04 registered under Sections 120 (B)/379/471/472 IPC read with Section 7(1) of the Essential Commodities Act, 1993 read with Section 23/24 Petroleum Act as indicated in the impugned detention order.

(2.) The facts essential for determination of the question of legality as well as validity of the impugned detention order may be succinctly noted as under: Initially, the petitioner was arrested on 17.4.04 for his alleged involvement in connection with Kamargaon P.S. Case No. 32/ 04 and detained in Golaghat Jail. Subsequently, on 20.04.04 an order of detention under the Act was issued against the petitioner and the same was served on him while he was in jail custody at Golaghat. Against the said detention order, the petitioner moved this court through WP(Crl.) No. 25/04 and this Court, after hearing learned counsel for the parties and also on proper scanning of the materials available on record so placed before it, quashed the detention order and allowed the writ petition by judgment and order dated 2.9.04 ordering that the petitioner be set at liberty. However, before the compliance of the said order of release so ren- dered by this court, the competent authority again issued the impugned detentioa order detaining the petitioner in connection with the above mentioned police cases and such detention order was served upon him in the Golaghat Jail on 3.9.04. Alongwith the detention order, the grounds for such detention were also served upon the detenu on the same date. The State of Assam under the signature of Commissioner and Secretary to the Govt of Assam, Food and Civil Supplies Department by order dated 7.9.04 approved the detention of the petitioner/detenu and on the same day the said Govt. officer also referred the matter to the Advisory Board placing the entire materials including the order of detention as well as the approval order above mentioned for taking necessary action by the Board. Against the said impugned order of detention, the petitioner preferred two representations dated 13.9.04, one-to the detaining authority as well as Commissioner and Secretary, Govt. of Assam, Food and Civil Supplies Deptt. and Secretary to the Govt. of India, Ministry of Consumer Affairs, Food and Consumer Distribution Department, New Delhi and the other-to the Chairman, Advisory Board. Both those representations were sent to the competent authorities through the Superintendent, District Jail, Golaghat. In the representation sent to the detaining authority and others, the detenu complained of non supply of certain vital documents and in consequence of the same, the detenu sought for revocation of the impugned order of detention. In the second representation addressed to the Chairman, Advisory Board which has been annexed as Annexure-7 to this writ petition, the detenu interalia has prayed for allowing him to get the assistance of a friend during the hearing of his case by the Advisory Board. The relevant portion of the prayer made in the representation may be noticed as under:

(3.) In the backdrop of factual matrix above noted, the petitioner/detenu, questioning (he propriety and correctness of the impugned order of detention, has sought for quashment of the impugned order dated 2.9.04 and his release forthwith.