AMIT AGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A.K. Bhattacharjee, learned Sr. counsel assisted by Mr. K. Agarwal, Mr. RJ. Baruah, Mr. A.K. Choudhury, learned counsel appearing for the petitioner. Also heard Mr. K.N. Choudhury, learned Addl. Advocate General, Assam assisted by Mr. B.J. Talukdar, learned counsel on behalf of the State respondents and Mr. H. Rahman, learned Sr. CGSC representing the Union of India.

(2.) In this Habeas Corpus petition, the detenu-petitioner has challenged the detention order dated 26.8.04 passed by the District Magistrate In-Charge, Golaghat, Respondent No. 6 (hereinafter called as the Respondent No. 6) detaining him under Section 3(1) of the Prevention of Black marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (for short, 'the Act') in connection with Dergaon PS Case No. 1757 03 under Sections 120(8)7379/411/468/4717 472 IPC read with Section 7(1)(c) of B.C. Act and read with Section 23/24 of Petroleum Act, 1984 as reflected in the impugned detention order itself.

(3.) The factual matrix of the case in short is that the detenu/petitioner was arrested on 17.8.04 in connection with Dergaon PS Case No. 175/03 when he appeared before the Officer-in-Charge at Kamargaon Police Station on the said date in terms of the condidons contained in order dated 3.8.04 passed by this Court in Bail Application No. 1367/ 04 by which the detenu was granted Anticiatory Bail in connection with Kamargaon P.S. Case No. 32/04 registered under Sectlion 120(6)7379/472 IPC read with Section 7(1 )(c) of the E.G. Act, 1993 read with Section 23/24 of the Petroleum Act, 1984. While he was in jail custody at Golaghat, the Respondent No. 6, issued the impugned order of detention dated 26.8.04 under the relevant provisions of the Act as referred above and the same was served upon him in the afternoon of 27.8.04 while he was lodged in the District Jail at Golaghat. Alongwith the said detention order, the authority also served the grounds of detention upon the detenu and such detention order was also approved by he Govt. vide communication dated 2.9.04.