GOVINDA MAZUMDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution, the petitioner prays for quashing of the detention order dated 11.6.97, Annexure- A, passed against him by the District Magistrate, Kamrup, the respondent No.3, in exercise of his power u/s 3(2) of the Prevention of Black- Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 and prays for his release forthwith.

(2.) The basic facts leading to the passing of the impugned order are a follows.

(3.) On 9.6.97, around 5-00 P.M. A Sub- Inspector attached to the Food & Supplies Department along with other staff detected unauthorised storage place of Blue-dyed S.K.Oil at M/s Gobinda Bhandar, a grocery shop owned by the detenue-petitioner. The quantity of stored Kerosine was around 1000 litres. It was hidden behind the grocery shop. On being questioned, the detenue fail to produce any licence or letter of authority for being in possession of such huge quantity of Kerosine. It is alleged that he confessed to the aforesaid Sub-Inspector, Jyotish Das that the stock of Kerosine was intended for unauthorised sale. The Sub- Inspector submitted his report to the District Magistrate. On perusal of the same, the impugned order Annexure-A was passed, while the detenue was in jail on being arrested in connection with the above case, as is evident from the endorsement made at Sl.No. 7 in the impugned order. The grounds of detention, as enumerated in Annexure-B are reproduced hereunder :