HARI RAM Vs. STATE

JUDGEMENT

(1.) THIS is a petition under sec. 491 of the Code of Criminal Procedure and Art. 226 of the Constitution of India praying for a writ, order or direction for the release of Hari Ram Loharia (hereinafter called 'the detenu') detained under sec. 3 (l) (a) (iii) of the Maintenance of Internal Security Act, 1971 (hereinafter called 'the Security Act') by the order of the District Magistrate, Sikar (hereinafter called 'the D. M. ') dated 25 9-1973.

(2.) ON a report by the Assistant District Supply Officer to the Sadar Police Station, Sikar, dated 7 9-73 a search was made of the premises of Jagdamba Oil and Dal Mills, Sikar, and the Inspector found 2808 bags of cement while the stock register showed a balance of 2689 bags only The excess of 119 bags according to the police was due to admixture of sand in cement bags and in a garage some labourers were engaged in the process of adulteration and they made statements to this effect. A case under sec. 420 IPC and sec. 3/7 of the Essential Commodities Act was registered, the detenu was arrested on 22-9-73 and released by the police on a bail in the sum of Rs. 55,000/ -. The D. M. , however, by his order dated 25-9-1973 (Ex. 1) exercising his powers under the Security Act detained the detenu "with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies and services essential to the community". The grounds for detention (Ex. 3) were supplied to the detenu on 26-9-1978. According to the detenu the grounds are mala fide, irrelevant, incorrect and vague and, therefore, it is prayed that the detention be set aside.

(3.) MR. Bhargava next urged that if any of the grounds supplied to the detenu suffers from the vice of vagueness, irrelevancy, non-existence, then the order which follows those grounds falls to the ground.