RAJENDRA NATH PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two applications, one by Rajendra Nath Pandey and the other by Baidya Nath Pandey, who are brothers, are under Article 223 of the Constitution of India for their release from detention.

(2.) Rajendra Nath Pandey is detained under an order of detention passed on 5-1-1953. Previous to this order of detention, he had been detained under another order, but that order of detention had been revoked some time in December, 1952. Some of the grounds mentioned in the order of detention dated 5-1-1953, are common to the grounds of detention in the previous order, but several grounds are fresh ones. The orders of detention of 5-1-1953, passed against Rajendra Nath Pandey and Baidya Nath Pandey are in similar terms, and the grounds of detention in both the cases are common. The orders of detention show that, with, a view to preventing Rajendra Nath Pandey and his brother Baidya Nath Pandey from acting in any manner prejudicial to the maintenance of supplies and services essential to the community, it is necessary to detain these two brothers under the Preventive Detention Act, 1950 (Act 4 of 1950). The orders of detention in these two cases are separate, and separate grounds of detention, though common, had been served upon these two brothers. It appears from the grounds given by the State Government that these two brothers are joint in business and property, which is in the name of their father, and that their residential house is in village Sindri, which is a joint property and is in occupation of Baidya Nath Pandey, A portion of this house is used as a grocery shop run by Baidya Nath Pandey in which Rajendra Nath Pandey has also his share. It is said that Ramchandra Pandey, sou of Baidya Nath Pandey, looks after the shop. It is stated in the grounds that Rajendra Nath lives at village Rudra, which is two miles away from village Sindri where Baidya Nath lives, and both these villages are in the Sadar Sub-division of the district of Manbhum. Sadar Sub-division of Manbhum was a monopoly area for the purchase of rice and paddy in which no person could sell paddy, rice, wheat or maize beyond the maximum limit mentioned in Section 4, Foodgrains Control Order, 1950 to any person except to an agent of the State Government. According to the information available to Government, the grounds mention, on several dates, in- eluding 10-6-1952, 125 maunds of rice were sold from the shop at Sindri to several persons, and there were purchases also of rice in large quantities on several dates, including 7th Poos, 1358, 12m Magh, 1358 and Baisakh, 1359. All those dates will fall in the year 1951 and 1952. The grounds also state that, in contravention of the Bihar Food-grains Control Order 100 to 200 bags of rice had been stored and similar quantities despatched on a day on a number of occasions. The names of a number of persons have been given to whom rice had been sold to places outside the Sadar Subdivision of Manbhum, as appeared from the registers maintained by the shop at Sindri, belonging to these two brothers. It is stated that a truck stands registered in the name of Rajendra Nath Pandey, and that an income from the truck to the extent, of Rs. 150/- on one day was found mentioned in the register of the shop. It further mentions that the Jaipur Police were paid same illegal gratifications and further that on two occasions Rajendra Nath was prosecuted for smuggling rice outside the sub-division, but he was acquitted on technical grounds. Lastly, it is stated that these two brothers do not possess any licence for sale, purchase or storage of foodgrains, but in spite of it they indulged in illegal activities forbidden by the Foodgrains Control Order.

(3.) The case of Raiendra Nath Pandey was argued by Mr. B. C. Ghosh, and Sir Sultan Ahmad argued on behalf of Baidya Nath Pandey. I now consider the common grounds taken by them. It is contended that these two brothers are agriculturists, and, therefore, no licence is needed for them under the Foodgrains Control Order. Section 3, Food-grains Control Order, 1950, runs as follows: