SANKARLAL BAGRI Vs. STATE OF ASSAM & OTHERS

JUDGEMENT

(1.) The petitioner Shri Sankarlal Bagri challenges the detention order made under Sec. 3(1) and 3(2) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (hereinafter called "the Act") and prays for a writ in the nature of habeas corpus to quash the detention order. He has been detaind since 7th day of Oct., 1987 under the said order No. 44/87/888 CA, dated Guwahati, the 7th Oct., 1987 passed by the District Magistrate, Kam rup, Guwahati.

(2.) The District Magistrate submitted his report on 9th Oct., 1987 under section 3(3) of the "Act" to the State Government stating therein two grounds of detention and requested to confirm the detention order. A copy of that report has been served on the detenu Shri Sankarlal Bagri purportedly complying with the provision of section 8 of the "Act". The two (2) grounds of detention contained in that report are as follows: "GROUNDS

(3.) The detenu submitted a representation before the State Government under the provision of Sec. 8 of the "Act" on 12-10-1987 which was duly received by the State Government in time. These facts have been stated in para 9(A) of this writ petition filed on 13-10-1978. The present Rule nisi was issued on 14th Oct., 1987. Another additional Affidavit en behalf of the petitioner was filed on 29-10-1987 stating in para (3) that the representation submitted by the petitioner under section 8 of the "Act" on 12-10-1987 had not been considered and disposed of by the State Government till that date and that such delay has violated the constitutional and legal right of the petitioner. The State Government did not file any Affidavit-in-Opposition controverting the statements and allegations made in the writ application and in the additional affidavit of the petitioner. Learned Senior Government Advocate Mr. P. Prasad however, made the files of the State Government available to us for perusal.