J R GUPTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners Shri J. R. Gupta in Criminal Writs Nos. 451 and 450 of 1983 and Shri Prem Chand Bansal in Criminal Writ No. 474 of 1983. near relations of the three detenus, namely. Shri Dwarka Dass Mittal and his two sons. Raiinder Mittal and Vinod Mittal, Chairman, Managing Director and Director respectively of. the Bhatinda Chemicals and Banaspati Mills (Private) Limited. Bhatinda. hereinafter referred to as 'the Bhatinda Chemicals'. have impugned the detention orders dated 13-9-1983, annexures P. 11, P. 12 and P. 13 to the writ petitions, passed by the District Magistrate, Bhatinda. under Section 3 (2) read with Section 3 (3) of the National Security Act. 1980. hereinafter referred to as the Act. and sought their release from what they have termed as illegal detention,

(2.) ALL the three writ petitions involve common questions of law and facts and, therefore, a common judgment is proposed for all of them. Reference shall. however, be made to Civil Writ No. 451 of 1983 wherever it becomes necessary to take note of the relevant facts.

(3.) BESIDES the Bhatinda Chemicals, with which the connection of the detenus has already been referred to, there is also a sister concern of the said Bhatinda Chemicals known as Manoj Containers and Chemicals (Private) Limited, Bhatinda, hereinafter referred to as 'manoj Containers' of which Shri Dwarka Dass Mittal and his son Rajinder Mittal are the Directors. While 'bhatinda Chemicals' was established, inter alia. for the purpose of manufacturing processing and refining oil of all varieties-vegetable oils. butter. Ghee. Solvent extraction plant for extracting oil from rice bran. copra, soyabean. cotton seed. linseed, caster-seed. sal-seed. groundnut etc. the Manoj Containers, registered only on 18-1-1983. was started as a small-scale unit for the manufacture of laundry soap and to function as stockists. importers and exporters of sodium silicate, chemicals, chemical compounds, soap, perfumery and cosmetic of all kinds and nature.