MD ASHAB ALI Vs. DISTRICT MAGISTRATE KAMRUP

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India filed by the petitioner Md. Ashab AH, Secretary of Sontali Gaon Panchayat Samabai, Samity Ltd. praying for issue of writ of Habeas Corpus quashing the order of detention passed by the District Magistrate Kamrup, Guwahati dated 29.11.93 in exercise of powers conferred on him under Clause 3(2) of the Prevention of Black Marketing and Maintainance of Supplies of Essential Commodities Act, 1980 (herein-after mentioned as the act). The petitioner has challenged the order without submitting or surrendering to the order of detention.

(2.) The case of the petitioner is that he was the Secretary of Sontaii Gaon Panchayat Samabhai, Samity Ltd., a Co-operative Society registered under the provisions of the Assam Co-operative Society Act and that the said Co-operative Society of the petitioner was granted a sub- whole sale licence under the provisions of the Assam Public Distribution of Articles Order, 1982. It was further stated that on 23.11.93, the respondent No.5 seized 35 quintals of PDS rice from the possession of the petitioner for violation of the Clauses 11, 18, 19, 21 and 26 of the said order for the reasons of non-production of record, non-display of price on stock board and non-submission of required returns and kept the same after seizure in zimma of the petitioner. It has been further stated in the writ application that on the basis of the report received from the respondent No.5, the respondent No. 1 District Magistrate, Kamrup in exercise of power under Section 3(2) of the Prevention of the Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980, herein after referred to as the Act, passed an order on 29.11.93 for detention of the petitioner along with two other employees of the Society for violation of Clauses 11, 14, 18, 19, 21 and 25 of the said order and the condition No, 3 A and 3B of PDS Sub-wholesale licence. The petitioner further stated that in persuance of the aforesaid order the two other detenus, namely Md. Sanbar Ali and Md, Sajan Ali were detained on 4.12.93 and from the said detenus the petitioner obtained the copy of the impugned order of detention and grounds of such detention. The petitioner states that he has not so far been detained in persuance of the said aforesaid order of detention and as it has come to his knowledge that an order has been passed against him ordering his detention he has filed the present petition for quashing the said order of detention.

(3.) A rule nisi having been issued by this Court for showing cause, the District Magistrate, Kamrup has filed an affidavit-in-opposition along with the other respondents denying the allegations mentioned in the writ application and stating there in that the said order of detention has been passed after being satisfied that the petitioner should be detained under the provision of the Act, after due application of mind as per provision of Section 3(2) of the said order.