On 7 5 1967.
Thereafter he approached the High Court of Patna in Cr.
to Shyamsunder Poddar and Jangli Singh of Dhamdaha.
The price charged by him was much higher than the rate fixed by the Government in this regard.
226 of the Constitution and s. 491 of, the Code of Criminal Procedure for a writ or order in the nature of habeas companypus directing his release from detention.
The new case pleaded by the respondents is that the alleged sale was made to Kishun Bhagat of village Kishanpur, P. S. Dhamdaha, and there was typographical mistake in mentioning the name of the purchaser in the grounds supplied to the detenu.
On 7 8 1967 it was learnt from Nathu Sah, Chanderdeb Sah, Kusurnlal Sah, and Ram Rattan Sah, all of Gulab Bagh, that he Shri Motilal Jain indulged in black marketing of sugar, niaida, kerosene oil and other companytrolled companymodities, to deal in which he had obtained licence.
12/ per tin excluding companyt of tin which was higher than the price fixed by the Government.
Appeal by special leave from the Judgment and order dated December 15, 1967 of the, Patna High Court in Crl.
Though the appellant made representation against his order of detention to the Advisory Board, the said Board did number recommend his case for release.
92 of 1966 under Art.
P. Singh, for respondent No.
The Judgment of the Court was delivered by Hegde, J. In this appeal by special leave, the question for decision is whether the appellants detention under sub cl.
he sold kerosene oil to one Kishun Bhagat of Gulab Bagh at Rs.
They read as follows On 10 3 1967 he sold match boxes and soap to a shopkeeper of Purnea Court companypound at a price higher than that fixed for these companymodities and did number grant any receipt for the same.
W.J.C. No.
2/ per kg.
This was also substantiated by Nagendra Ramoli, a shopkeeper of Purnea Court companypound who had also been supplied match boxes at the higher rate by him Shri Motilal Jain .
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
a of sub s. 1 of S. 3 and of S. 4 of the Preventive Detention Act, 1950, IV of 1950 to be hereinafter referred to as the Act, as per order, of the Governor of Bihar No.
On 4 7 1967 he sold sugar at Rs.
It was further learnt from Moti Sah a worker of Gulab Bagh Navayubak Sangh that he Shri Motilal Jain obtained supplies of match boxes, vegetable, oil from West Bengal to sell them in black market.
On 15 4 1967 it transpired from Chandradeb Sao, Shankerlal Modi, and Sitaram Sah, all of Gulab Bagh that they got supplies of sugar and maida from him in excess of the quantity allotted to them on ration cards at a price higher than those fixed by the Government.
of cl.
C. Chagla, A. N. Sinha and B. P. Jha, for the appellant.
On 15 3 1967 it transpired from one Satya narain Prasad a shopkeeper of Purnea Bus stand, that he Shri Motilal Jain sold Wm match boxes at Rs.
92 of 1966.
W.J.C. No.
The appellant is a partner in the grocery shop by name Shanti Stores in Gulab Bagh where sugar, maida, soap, match boxes, kerosene oil and other articles are sold.
A DE Pur1501/67 6357/G dated September 25, 1967, is unlawful.
As per the order of September 27, 1967 grounds in support of the appellanes detention were supplied.
He is said to have indulged in black marketing is essential companymodities.
34 of 1968.
1 1 per gross which was Rs.
2/ higher than the price fixed.
