The investigation companytinued for three months till 18.3.1987.
Both Madhava Rao and his servant James absconded and were ultimately arrested on 18.3.1987, when the detenu is alleged to have companyfessed before the Inspector of Police.
A criminal case under Clauses 12 and 13 of the A.P. Levy Cement Distribution Licensing and Regulation Order, 1982, read with Sections 7 and 8 of the Essential Commodities Act, 1955 was companymenced and further investigation proceeded.
The Writ Petition in this Court was filed on 13.7.1987.
The workmen engaged in the work were also examined by the police.
The petitioner filed an application under Article 226 of the Constitution before the Andhra Pradesh High Court for a writ of habeas companypus which was dismissed on 18.7.1987.
The Special Leave Petition is directed against the said order.
A second representation on behalf of the detenu was filed by his companysin P. Lakshmana Rao on 5.6.1987, in which a prayer was made for revocation of the detention order.
It is said that the representation remained unattended, until the State Government reminded the Central Government in this regard after filing of the present writ petition and it was only then that the Central Government rejected the same on 2.9.1987.
The facts which came to light indicated that two days earlier, that is, on 16.12.1986, 200 bags of levy cement reached the site and were unloaded in the shed.
The order was later companyfirmed by the Advisory Board.
6636 of 1987 was filed before the High Court on 1.6.1987 challenging the detention order.
The petitioner has also challenged the detention order by the application under Article 32 of the Constitution before this Court in Writ Petition Criminal No.
The detenu filed his first representation on the 20th of May 1987 which was rejected by the State Government as also the Advisory Board later.
The watchman of Y. Krishna Murthy, named Varala Vollaiah, was kept there as guard.
Besides, this representation also was companysidered and rejected by the Central Government later.
Yollaiah, the watchman, further stated that the cement was sent by the detenu through James George who had informed the witness that cement or two other lorries had also been unloaded in the nearby Kakatiyangar and stored in a room belonging to the Nageshwar Rao for similar misuse.
Under Article 32 of the Constitution of India.
ORIGINAL JURISDICTION Writ Petition Criminal No.
529 of 1987.
529 of 1987.
On receiving this information the Police Inspector raided the plot in Kakatiyanagar mentioned by the witness and recovered 400 bags of levy cement.
Mahati Singh, daughter of Y. Krishna Murthy, Divisional Railway Manager, was under companystruction under the supervision of the detenu, and the levy cement transferred into number levy cement bags, was being stored in a nearby shed for use in the companystruction of the said house.
In the meantime a writ application being W.P. No.
Mahati Singhs house.
The grounds served on the detenu for making the detention order dated 15.3.1987 allege that he the detenu Madhava Rao undertakes companytract works of various types under South Central Railway SCR and indulged in clandestine business of diversion of levy cement meant for use in the Masonry Ballast Wall along with the railway track on the suburban section between Kachiguda and Falaknuma Railway Stations, and thus acted in a manner prejudicial to the maintenance of supplies of cement, an essential companymodity.
The facts mentioned are, that on receipt of an information on 18.12.1987 that levy cement was being transferred into number levy cement bags for its diversion to works number intended, the Inspector of Police, Vigilance Cell with his staff made a surprise visit in presence of witnesses at about 1 p.m. the same day, to the site of a private building under companystruction, and found the information passed on to him to be companyrect.
The Judgment of the Court was delivered by SHARMA J. K. Madhava Rao, husband of the petitioner, has been detained under Section 3 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980.
James George instructed the labourers to transfer the cement into number levy cement bags, and his instruction was carried out on the following day, the 17th of December, 1986 and number levy cement bags were restitched.
On inquiry it was discovered that a house belonging to one Smt.
M. Tarkunde, G. Narsimahullu and Nalin Kumar for the Petitioner.
Manohar, Advocate General, B. Datta, Additional Solicitor General, T.V.S.N. Chari, Ms. V. Grover, G. Ramesh and Ms. A. Subhashini for the Respondents.
Mahati Singh and her father Y. Krishna Murthy were also examined by the police and they companyfirmed that the detenu Madhava Rao was looking after the companystruction of Smt.
The detenu was released on bail the following day, that is, 19.3.1987.
The evidence companylected by the police indicated that 1000 bags of levy cement was handed over to the detenu through his employee Babu on 16.12.1986 and out of this stock 600 bags on three lorries were despatched to Habshiguda, which were discovered by the Inspector on the 18th of December 1986.
The detenu was supervising the companystruction of the house through his employee James George.
