BASUDEVA Vs. REX

JUDGEMENT

(1.) This is an application by Shri basudeva under Section 491, Criminal P.C. The applicant is the proprietor of mm styled "Mahanandd Ram Bujoria and Brothers" in Shabjabaupur which deals in kerosene oil On 19 December, 1948, the applicant was arrested and ordered to be cetained under the U.P. Prevention of Black- marketing (Temporary Powers) Act, XXII 22. of 1948. By the present application, the applicant contends that his-arrest and detention, under this Act, are illegal and one of the grounds which has been urged is that the provisions of the Act which provide for detention are ultra vires of the Provincial-Legislature.

(2.) The impugned Act received the assent of the Governor General on 11 April, 1948 under Section 76, Government of India Act, 1935, as adapted, and was promulgated on 14 April, 1948. The Preamble of the Act is as follows; Whereas it is expedient in the interest of maintenance of public order and supplies essential to the life of the community to provide, during a limited period, for further powers to prevent black-marketing in the United Provinces The Act contains 20 sections. Of these, Section 3(1)(i) Section 4 (1) and Section 8 are directly concerned with preventive detention. Section 3(1) (i) reads as follows: If upon information received the Provincial Government is satisfied that any person habitually indulges in black-marketing, the Provincial Government make one or more of the following orders, namely, (i) that such person be detained in such custody and for such period not exceeding six months, as may be specified in the order. Section 4(1) provides for the execution of the detention order and need not be set out in detail. Section 8 provides for communication to the person detained of the grounds on which the order of detention has been made and for representation by such person to the Provincial- Government. Then follow certain other provisions which provide for constitution of special Tribunals to consider the representation made by such person and report to the Provincial Government and final orders by the Provincial Government in accordance with the report.

(3.) "Black-marketing" has been defined in Section 2 (a) of the Act as follows: "Black-marketing" includes, as respects any essential commodity, disposing of or otherwise dealing in such commodity with a view to making gain, in any manner which may, directly or indirectly defeat or tenet to defeat the provisions of the U.P. Control of Supplies (Temporary Powers) Act, 1947, or the Essential Supplies (Temporary Powers) Act, 1946, or of any order made or deemed to have been made thereunder.