SRILAL KHOWALA Vs. STATE

JUDGEMENT

(1.) This is an application for a writ of habeas corpus under Article 226 of the Constitution of India and Section 491 of the Code of Criminal Procedure. We issued a rule on the 7th of December 1950, and the rule came on for final hearing on the 4th of January 1951, and the hearing was concluded on the 9th of January 1951.

(2.) The petitioner is one Srilal Khowala one of the proprietors of the firm of Dattulal Panna Lal at Deoghar in the Santal Parganas, which firm held a licence under Section 3 of the Bihar Cotton Cloth and Yarn Control Order, 1948. The firm was one of the cloth importers in Bihar, and had to maintain a register of daily transactions in compliance with the conditions of the licence granted under the Bihar Cotton Cloth and Yarn Control Order, 1948. On the 4th of October 1950, there was a search of the cloth shop of the petitioner, and one bale of mill-made "motia" cloth containing about 1514 yards and 60 thans of other cloth were recovered from a room. The allegation was that the cloth was concealed with motor parts in a room of the shop. It was further alleged that the petitioner failed to produce his stock register, that is, the register of daily transactions which had to be kept in accordance with the conditions of the licence granted to the petitioner. It appears that on these allegations a case was started against the petitioner under the provisions of the Essential Supplies (Temporary Powers) Act 1946, and he was arrested on the 5th of October 1950. On the 7th of October 1950, the petitioner was released on bail by the learned Sessions Judge. On the 31st October 1950 the State Government passed an order of detention against the petitioner. The order is in the following terms:

(3.) One of the conditions of the license granted under the Bihar Cotton Cloth and Yarn (Con- trol) Order, 1948 is that every licensee shall maintain a register of daily transactions showing correctly the opening balance receipt, sale and closing balance of all cloth received by him whether from distribution of his quota or out of the released stock directly from the Mills. The register is to be maintained separately for (a) dhoties and saris by numbers, (b) cloth normally sold by yardage in yards and that by weight in pounds, and (c) other materials sold e.g. chadars, towels etc. for each kind.