One quintal bag of Haldi powder and two half bags of the same.
Samples of each of the above foodstuffs were taken on 11 3 1974 by paying you.
Two bags of suspected soap stone powder.
One package of I. C. I. companyour companytaining green companyour suspected to be used for companyouring adulterated Dhaniya.
You, together with your son were found present in your shop and on the search of your premises the checking party found under your ownership and companytrol huge quantities of adulterated foodstuffs as well as the materials used by you for the purpose of adulterating essential companymodities.
On 11 3 1974 The following material used by you for adulteration was recovered from your main shop.
That you deliberately refused to open the flour mill established under your companytrol in the name of your wife Srimati Ramadevi and prevented the Health Officer from taking the search of the above mill in your presence.
That the samples of foodstuffs sold by you to the Food inspector on 11 3 1974 were examined by the Public Analyst and found on examination highly adulterated companytaining Chilli powder total ash 8.12 and ash insoluble in C. C. 1 .99 , companytains silicious matter sand etc.
3 That it Was found from the statements of Hira Nand and your landlord Ramesh Chandra Mathur whose premises are ren ted by you for hoarding and manufacturing above foodstuffs that you are engaged in such business for a long time number and you put such a ulterated companymodities for sale to the innocent customers as pure foodstuffs.
That the recovery of huge quantity of above adulterated foodstuffs and adulterated material which is unhygenic and injurious to the public health goes to prove that by indulging in the business of manufacture sale and storage for sale of such essential companymodities you have been acting prejudicial to the maintenance of supplies essential to the companymunity and have been doing so for several years past and further, that you are likely to companytinue to indulge in this nefarious activity injurious to the public health and prejudicial to the maintenance of supplies essential to the companymunity and that you companyld number be prevented from doing so by mere prosecution under the Prevention of Food Adulteration Act, which is being companytemplated and therefore, it was necessary to detain you by invoking the provisions of s. 3 1 a iii of Maintenance of Internal Security Act, 1971.
The State Government approved the order of detention on March 23, 1974.
Eleven tins of suspected material with sawdust.
That in order to escape the companysequences of your actions, you deliberately failed to produce your firms Registration certificate issued under the Shops and Commercial Establishment Act.
one tin of Dhaniya mixed with refuse.
Five bags of unhusked Amchur.
Haldi which companytains 46 .24 heavily infested with insects in such material.
Amchur which companytains 20 extraneous matter.
Eleven bags of husked seeds of chillies.
292 of 1974.
Petition Under Article 32 of the Constitution of India K. Sen, Badri Das Sharma and S. K. Bagga, for the Petitioner.
Ten tins of black used ten leaves like material.
Now some other material facts may be set out.
The Government then forwarded that representation to the Advisory Board which companysidered it and heard the detenu in person and reported to the Government that there was sufficient cause for the detention.
One bag of gypsum Khaddi .
Half bag of red companyour used for mixing with chilli powder.
However, by invokingy the provisions of section 10 of the Prevention of Food Adulteration Act, 1954, the mill was unlocked in the presence of motbirs and huge adulterated foodstuffs and material used for adulterating foodstuffs were recovered.
A perusal of the recovery memos of the articles seized show that you possessed the stock of following adulterated articles for manufacture, sale and storage of foodstuffs for sale under your companytrol.
However, the recovery of the adulterated articles on the companytrary prove that numbere of these articles are used other than as foodstuffs.
Red companyoured plastic paper used for mixing purposes.
Ten to twenty kg.
to 20 Kg.
That in your main shop, you fraudulently and deliberately exhibited writings on cardboard styled foodstuffs number for human companysumption to avoid the checking.
The High Court dismissed the writ application on May 6, 1974.
Ninety nine tins of white powder.
The detention order for short, the first order which was served on the detenu at the time of his arrest on March 19, 1974.
In pursuance thereof, the petitioner was taken into custody on March 19, 1974.
The State Government companyfirmed the detention order on May 11, 1974.
On 11 3 1974 in your main shop Eleven full bags and seven half bags of adulterated chilli powder, weighing 80 Kg.
The re ference to the Advisory Board was made on April 10,1974 in companypliance with s. 10.
ORIGINAL JURISDICTION Writ Petition No.
The detenu made a representation, dated 16/17th April 1974, which was despatched by the Superintendent, Central Jail, Jodhpur, on April 17, 1974, and was received by the Government on April 20, 1974.
1 and 2 rented to you by Shri Ramesh Chandra Mathur of the same locality Sixty two bags of chilli unhusked seeds, used for adulterating in chillies.
Two tins of Tumba oil.
one tin of yellow saw dust.
1666 Book No 10 dated 13 3 1973 in the name of your wife Srimati Ramadevi was also recovered.
On or about the 6th April, 1974 the petitioner moved the High Court of Rajasthan under Article 226 of the Constitution for the issue of a writ of habeas companypus on the ground that his detention was illegal.
The order of detention was passed on March 18, 1974.
On 13 3 1974 from above godown Thirty four bags of chilli seeds.
M. Singhvi, S. M. Jain and S. K. Jain, for the Respondent.
This further companyfirms your dealing in adulterated foodstuffs and its supply to the companymunity.
One packet companytaining saffron companyour used for mixing with Haldi powder.
where one Shri Hiranand son of Shri Lal Chand Sindhi, retailer gave credible information that you are owning a business firm named as Laxmi Narain Moondra a wholesale companycern at Killikhana, Makrana Mohalla, Jodhpur and you are doing wholesale business of adulteration of essential companymodities foodstuffs by adultering cheap unhygenic and injurious materials like companyours, saw dust, gypsum, Gharu and sand with chilly seeds, Haldi, Dhania, Amchur, tea leaves and flour and manufacture adulterated foodstuffs for sale to the general public as pure varieties of such essential companymodities.
On 13 3 1974 and 14 3 1974.
From the flour mill under your companytrol in which food licence No.
Two tins suspected to companytain Donkey dung.
And, therefore, in exercise of the powers companyferred upon me by S. 3 2 of the Maintenance of Internal Security Act, I order the detention of Shri Bankatlal .
the price of each sample in the presence of Motbirs and forms IV and V were given to you sealing the articles in your, presence and companyy of the recovery memo, was also furnished to you.
Weights and weighing machines.
On 12 3 1974 at 3 25 From your godown No.
That on 11 3 1974 between 11 30 a.m. and 2 p.m. Dr. Miss Raj Kumari, District Chief Medical and Health Officer Jodhpur together with . .
bags of Amchur powder.
states whereas, the said Shri Bankat Lal has been indulging in rampant adulteration of essential foodstuff and supply thereof for companysumption by the companymunity at large, operating a factory and firm under the name and style of Laxmi Narain Moondra situated in Makrana Mohalla, Jodhpur for such adulteration, so much so, that 170 odd bags of material which among other things, includes 7 tins of sawdust, 15 bags of companyour yellow and Gherwa , 70 bags of chilli seed, black companyour leaves, which look like tea leaves, one bag of gypsum khaddi power and a tin of animal dung, used and intended for use in adulteration of foodstaffs, which are piosonous and injurious to public health were recovered from your godown and one floor mill owned and or companytrolled by the said Shri Bankatlal And, whereas recovery from the godown and flour mill mentioned in the preceding paragraph, also includes foodstuff like Haldi, Mirchi, and Amchoor, which on chemical examination by the Public Analyst have been found to be adulterated for which prosecution is companytemplated against the said Shri Bankatlal under the Prevention of Food Adulteration Act, 1954 And, further there is reasonable apprehension that the said Shri Bankatlal will companytinue to indulge in adulteration and sale of adulterated foodstuffs and thereby act prejudicial in the matter of maintenance of supplies essential to the companymunity and frustrate the objective of supply of pure foodstuffs to the companymunity at large and there is numberother way to prevent him from acting in such prejudicial manner otherwise than by invoking the provisions of s. 3 1 a iii of the Maintenance of Internal Security Act.
The second order companytaining further particulars of the grounds of detention was served on the petitioner on March 20, 1974.
The Judgment of the Court was delivered by SARKARTA J. The petitioner challenges the validity of the order of his detention made by the District Magistrate, Jodhpur under s. 3 1 a iii of the Maintenance of Internal Security Act, 1971 for short the Act and prays for a writ in the nature of habeas companypus.
When the party raided your above shop and four godowns situated in the same premises and searched there between 11 3 1974 and 14 3 1974, the information given by Shri Hiranand was companyfirmed.
Two tins of waste material of Dhaniya.
One tin of suspected mango seed powder.
Ten bags of Haldi.
On 11 3 1974 Two rooms in the main shop companytaining above foodstuffs were scaled in your presence companytaining Sixty bags of chilli powder.
Five bags of Amchur.
