Ahu paddy 207 bags.
Apart from companyplaining that the grounds served upon him were so vague and devoid of particulars as to nullify his companystitutional right of making a representation against the order of detention, he also alleged that, as a criminal prosecution had companymenced against him on 28 7 1973, for the alleged unauthorised possession of hoarded rice on 25 7 1973, a detention order against him, on the basis of this allegation, was illegal as the charge against him companyld be dealt with in the companyrse of the criminal prosecution.
You are, thus acting in a manner prejudicial to the maintenance of supplies and services essential to the companymunity as a whole in.
Joha rice 15 bags.
Accordingly to the detaining authorities this did number prevent the possession of sugar seized from being unauthorised at the time of its seizure.
That on 16 5 72 the Supply officials seized 105.03 quintals of rice from your unauthorised possession at Messrs. Srinivas Basudeo, Fancy Bazar, Gauhati.
Ahu rice 8 bags.
The petitioners had tried to companytrovert the allegations made against them by the detaining authority but had number succeeded in satisfying the Government of Assam about the companyrectness of their stands either on questions of fact or of law raised by them.
As regards 191 bags of sugar seized on 4 1 1972 from M s. Srinivas Basudeo, Fancy Bazar, Gauhati, of which also Prabhu Dayal Deorah was a partner, the petitioner claimed that it was companyered by a licence Annexure g to the petition , the annexed companyy of which showed that it was a provisional licence renewed on 27 3 1973 retrospectively for the years 1971 and 1972.
Sali Paddy 147 bags.
The Board had to report to the Government within ten weeks from the date of detention as to whether there is or number sufficient cause for the detention of the person companycerned.
He claimed to have the authority.
Ahu rice 8 bags.
Sd District Magistrate Kamrup On 5 8 1973, Prabhu Dayal Deorah sent his representation to the State Government through the Jail authorities of Gauhati.
You are also responsible for unauthorised hoarding of rice and sugar in the, premises of M s. Deora Flour and Rice Mills at Zoo Road and M s. Srinivas Basudeo at Fancy Bazar for the sole purpose of selling these companymodities at higher prices in and outside Gauhati for profiteering.
On 30 7 1973, soon after each petitioner had surrendered in the Court of a Magistrate on that very date, the District Magistrate, Kamrup, sent the grounds of detention to each petitioner with a letter informing the detenu of his right to make a representation against the order by which he had been detained and also that he has a right, if he so desires, to appear before the Advisory Board, to which his case would be submitted within before thirty days of the detention.
You arc, thus acting in a manner prejudicial to the maintenance of supplies and services essential to the companymunity as a whole in this District and your being at large has jeopardi zed the maintenance of such supplies and services to the companymunity.
Gauhati and in the active management Basudeo, Fancy Bazar, Gauhati, are responsible for unauthorised milling of paddy.
The grounds of detention served upon the petitioner Prabhu Dayal Deorah read as follows That you, being one of the partners and in the active management of M s. Deora Flour and Rice Mills, Zoo Road, Gauhati and M s. Srinivas Basudeo, Fancy Bazar, Gauhati are responsible for unauthorised milling of paddy in M s. Deora Flour and Rice Mills at Zoo Road, Gauhati and smuggling of the resultant rice to Meghalaya for earning undue profit.
Th grounds of detention served upon Prabhu Dayal Deorah on the afternoon of 30 7 1973 read as follows That you, being one of the partners and in the active management of M s. Deora Flour and Rice Mills, Zoo Road, Gauhati and M s. Srinivas Basudeo, Fancy Bazar, Gauhati are responsible for unauthorised milling of paddy in M s. Deora Flour and Rice Mills at Zoo Road, Gauhati and smuggling of the resultant rice to Meghalaya for earning undue profit.
You are also responsible for unauthorised hoarding of rice and sugar in the premises of Messrs. Deora Flour and Rice Mills at Zoo Road and Messrs. Srinivas Basudeo at ties at higher prices in and outside Gauhati for profiteering.
Raj Kumar Deorah had denied companynection with both the partnerships mentioned above.
The reply of the detaining authorities, set out in the affidavit of the Joint Secretary to the Government of Assam, was that there was numberlicence for this rice and that this was released only after a warning and directions were given to the petitioner as to how it should be dealt with.
BEG, J. The petitioners Prabhu Dayal Deorah and Raj Kumar Deorah, have filed separate petitions for writs of habeas companypus and orders of release after investigating questions raised by them against their detention orders dated 25 7 1913 made following a Police raid on 25 7 1973 at the stores of the Deorah Flour and Rice Mills at Zoo Road, Gauhati.
P. Bhattacharjee, D. N. Mukherjee, Dilip K. Hazarika and N. R. Choudhury, for the petitioner in W.P. No.
On 5 8 1973, each of the petitioners sent his representation to the State Government through the jail authorities of Gauhati raising various grounds against the validity of the order of detention.
in Messrs. Deora Flour and Rice Mills at Zoo Road, Gauhati, and smuggling of the resultant rice to Meghalaya for earning un due profit.
On 25 7 1973 the following quantities of paddy and rice were unearthed and seized from your unauthorised possession at Zoo Road Deora Flour and Rice Mills premises.
Both representations were rejected by the State Government on 28 8 1973 and their cases, together with their representations were sent by the State Government to the Advisory Board companystituted under s.9 of the Act.
V. Gupte, J. P. Bhattacharjee, D. N. Mukherjee, Dilip Hazarika and N. R. Choudhury, for the petitioner in W.P. 1946/ 73 .
Sali paddy 147 bags Ahiu paddy 207 bags Sali Mota rice Arua 239 bags Ahu rice 5.
of Assam after due inquiries into allegations made by the petitioners.
That you indulged in such trade activities which created acute scarcity and high prices of rice and sugar in Gauhati market.
The orders also intimate that grounds of detention will be served on the detenus within five days.
sd Illegible 30 7 72 District Magistrate, Kamrup.
That on 4 1 72, 191 bags of sugar were seized by the supply officials of Gauhati from your unauthorised possession at Messrs. Srinivas Basudeo, Fancy Bazar, Gauhati.
this district and your being at large has jeo pardized the maintenance of such supplies and services to the companymunity.
Sali paddy 147 bags.
Joha rice 8 bags Joha rice 14 bags That on 4 1 1972, 191 bags of sugar were seized by the Supply Officials of Gauhati from your unauthorised possession at Messrs. Basudeo, Fancy Bazar, Gauhati.
The replies filed also showed that the sources of the total quantities seized had remained unexplained and that the quantities recovered were number shown to be companyered by required authority or licences under the law.
That on 25 7 73 the following quantities of paddy and rice were unearthed and seized from your unauthorised possession at Zoo Road Deora Flour and Rice Mills premises.
On the same day, each of the petitioners was served with the order of detention and also the grounds of detention together with a letter informing him of his right to make a representation against the order of detention to the State Government.
1497/73 .
on 6 8 1973 had been rejected on 28 9 1973, by the Govt.
In this way, at least the seizure of rice was admitted, but, what was disputed was that its possession was unauthorised on 16 5 72.
ORIGINAL JURISDICTION Writ Petitions Nos.
Fancy Bazar, Gauhati.
Niren De, Attorney General of India and Naunit Lal for the respondents in both the petitions .
Their lengthy representations submitted to the Govt.
to keep the rice in question at Zoo Road, Gauhati, on the ground That the aforesaid Deorah Rice and Flour Mill used to get paddy from Food Corporation of India for the purpose of milling and the said mill did rice milling job only as a licencee under the Rice Milling Regulation Act of paddy allotted by the Food Corporation of India and given for the purpose of milling by other authorised persons.
You are also responsible for unauthorised hoarding of rice and sugar in the premises of Messrs. Deora Flour and Rice Mills at Zoo Road and Messrs. Srinivas Basudeo at Fancy Bazar for the sole purpose of selling these companymodities at higher prices in and outside Gauhati for profiteering.
You are, thus acting in a manner prejudicial to the maintenance of supplies and services essential to the companymunity as a whole in this district and your being at large has jeopar dised the maintenance of such supplies and services to the companymunity.
That on 16 5 1972 the supply officials seized 105.03 quintals of rice from your unauthorised possession at Messrs. Srinivas Basudeo,.
was delivered by MATHEW, J. A dissenting opinion was delivered by Beg, J. MATHIEW, J. The petitioners question the legality of the orders of detention dated 25 7 1973 passed by the District Magistrate, Kamrup, under s.3 2 a of the Maintenance of Internal Security Act, 1971, hereinafter referred to as the Act, and pray for issue of writs in the nature of habeas companypus.
The grounds of detention served on the, afternoon of 30 7 1,973 upon Raj Kumar Deorah read as follows That you being a close associate of Shri Prabhu Dayar Deora S o Late Basudev Deora of Zoo Road.
The Judgment of MATHEW and MUKHERJEA JJ.
The grounds of detention served on the petitioner Raj Kumar Deorah read as follows That you being a close associate of Shri Prabhu Dayal Deora s o Late Basudeo Deora of Zoo Road, Gauhati and in the active management of Basudeo, Fancy Bazar, Gauhati, are responsible for unauthorised milling of paddy in Messrs. Deora Flour and Rice Mills at Zoo Road, Gauhati and smuggling of the resultant rice to Meghalaya for earning undue profit.
That on 16 5 72 the supply officials seized 105.03 quintals of rice from your unauthorised possession at Messrs. Srinivas Basudeo, Fancy Bazar, Gauhati.
That on 25 7 1973 the following quantities of paddy and rice were unearthed and seized from your unauthorised possession at Zoo Road Deora Flour and Rice Mills premises Sali paddy 147 bags Ahu paddy 207 bags Sali Mota Rice Arua 239 bags Ahu rice 8 bags Joha rice 15 bags L447SupCI/74 That on 4 1 1972, 191 bags of sugar were seized by the supply officials of Gauhati from your unauthorised possession at Messrs. Srinivas Basudeo, Fancy Bazar, Gauhati.
That on 16 5 1972 the supply officials seized 105.03 quintals of rice from your unauthorised possession at Messrs. Srinivas Basudeo, Fancy Bazar, Gauhati.
That you indulged in such trade activities which created acute scarcity and high prices of rice and sugar in Gauhati market.
The orders of detention state that the detaining authority is satisfied that with a view to prevent the petitioners from acting in a manner prejudicial to the maintenance of supplies and services essential to the companymunity in Kamrup District, it is necessary that they should be detained in Gauhati Jail with immediate effect until further orders.
You are, thus acting in a manner prejudicial to the maintenance of supplies and services essential to the companymunity as a whole in this district and your being at large has jeopardized the maintenance of such supplies and services to the companymunity.
1496 and 1497 of 1973.
On 30 7 1973, the petitioners surrendered themselves before the Additional District Magistrate.
That on 25 7 73 the following quantities of paddy and rice were unearthed and seized from your unauthorised possession at Zoo Road Deora Flour and Rice Mills premises .
The identically worded orders of the District Magistrate, Kamrup, against them state that the detaining authority is satisfied that, with a view to preventing them from acting in a manner prejudicial to the maintenance of supplies and services essential to the companymunity in the Kamrup District, it is necessary that they be detained at Gauhati Jail with immediate effect until further orders.
The detaining, authorities had found the allegations to be false after companytacting the Food Corporation and M s. Gogoi Co. It was also revealed by the returns made in this Court that the petitioners, who were present when the stores were raided, had run away from the premises on one pretext or another and that numberody there companyld explain how the storage of all the rice found boarded was authorised.
You are also responsible for unauthorised hoarding of rice and sugar in the premises of M s. Deorah Flour and Rice Mills at Zoo Road and M s. Srinivas Basudeo at Fancy B for the sole purpose of selling these companymodities at higher prices in and outside Gauhati for profiteering.
The recommendation of the Advisory Board to release a detenu was binding on the Government.
As regards 105.03 quintals of rice seized on 16 5 72, the petitioner denied any seizure of rice from the unauthorised possession of M s. Srinivas Basudeo on 16 5 72F. He went on to explain that, as the firm had a licence for dealing in rice, the possession of it companyld number be unauthorised.
Joha Rice 15 bags.
That on 4 1 1972191 bags of sugar were seized by the Supply officials of Gauhati from your unauthorised possession at Messrs. Srinivas Basudeo, Fancy Bazar, Gauhati.
That you indulged in such trade activities which created acute scarcity and high prices of rice and sugar in Gauhati market.
That you indulged in such trade activities which created acute scarcity and high prices of rice and sugar in Gauhati market.
He alleged in his Habeas Corpus petition dated 13 8 1973 to this Court that his representation had number been disposed of by the State Government till then.
Sali Mota rice Arua 239 bags.
