CHANDAN LAHON Vs. INION OF INDIA

JUDGEMENT

(1.) Heard Mr. G.N. Sahewalla, learned senior counsel and Mr. A.K. Goswami, learned senior counsel assisted by Mr. A. Das, learned counsel for the petitioner. Also heard Mr. S. Ali, learned Additional Advocate General, Assam assisted by Ms. S.S. Ali, learned Govt. counsel on behalf of State-respondents. Also heard Mr. H. Rahman, learned Assistant Solicitor General of India on behalf of the Union of India.

(2.) In this writ petition, the detention order dated 21.9.2004 passed in reference to Section 3(1) of the Prevention of Black-Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (here-in-after referred to as the 'Act') by the District Magistrate, Sivsagar (Annexure-1 to the writ petition.) and the grounds of detention (Annexure-2 to the writ petition) are under challenge.

(3.) The facts necessary for adjudication of the present writ petition in conspectus are that in reference to the information received from the Superintendent of Police, Sivsagar along with Dossier, First Information Report (FIR), Seisure List & recorded statement of the petitioner (Shri Chandan Lahan) in connection with eight criminal cases in reference to different Sections of Indian Penal Code as well as of the Essential Commodities Act, 1955 (for short E.C. Act) read with Section 23/24 of the P. Act, it has been made to appear to the District Magistrate, Sivsagar that the detenu/petitioner was involved in the activities of pilfering crude oil which were found to be prejudicial to maintenance of supply of commodities essential to community and such action of the petitioner was punishable under the E.C. Act., therefore, on being satisfied, the detention of the petitioner u/s 3(1) of the 'Act' was found necessary with a view to present him from acting in above noted activities. The District Magistrate, Sivsagar has passed a detention order dated 21.9.2004 and had duly served the same to the petitioner along with grounds of detention with an indication to the detenu/petitioner to submit his written representation, if any, to the State Government as well as to the Government of India. In reference to the demand dated 22.9.2004 of petitioner, legible copy of documents were furnished to him. On receiving the detention order dated 21.9.2004 by the Commissioner & Secretary, Department of Food and Civil Supplies, Government of Assam on 24.9.2004, the same was processed through the Chief Secretary, Hon'ble Minister of Food & Civil Supplies and Hon'ble Chief Minister and the approval of the detention order was finally made on 29.09.2004 by the State Government. The representation dated 6.10.2004 of the detenu/petitioner through Jail Superintendent, Sivsagar was received by the District Magistrate on 7.10.2004, who, along with his comments, had forwarded the same to the State Government on 10.10.2004 which was received by the State department on 11.10.2004 and on the same day the Commissioner and secretary to the Government of Assam, Department of Food and Civil Supplies forwarded along with his parawise comments to the Secretaries to the Government of India, Ministry of Consumer Affairs, Food & (Public Distribution), as well as Ministry of Home Affairs and also to the Secretary, Advisory Board constituted under Ihe 'Act'. In reference to the communication dated 13.10.2004 of Government of India, the representation of the detenu/petitioner, was rejected on 15.10.2004 by the State Government and accordingly the same was communicated to the petitioner on 18.10.2004. The State Government has finally passed an order dated 26.10.2004 confirming the detention order passed by the District Magistrate for 6(six) months with effect from 21.9.2004.