These grounds were challenged by the appellant in the High Court.
For prevention of such activities, the State Government companysider his detention necessary.
Sri Harichandra Agarwala was caught on 29th December, 1966 at Ranibabal near Mashanjor while carrying 95 bags of peddy for illegal trade.
He Sri Rameshwar Lal Patwari promised to supply gram and gramdal.
BRJ 2029 loaded with gram and gramdal to Saitha through Mahesh Kola checkpost.
He is on bail in this case.
204 of 1966.
It was found that he has been dealing in foodgrains without any licence.
The appellant has denied that the paddy belonged to him.
In this companynection a case under the Essential Commodities Act has been instituted.
BRL 1366 and van BRL 2005 were found at Rameshwar on 7 12 1966 wherefrom he smuggles foodgrains to West Bengal.
Monghyr and smuggles them to West Bengal.
The driver did number tell anything about the facts stated in annexure D to special leave paper book Page 49 to 51 .
He purchases gram and gramdal through Gopal Mandal of Lakhisarai District Monghyr and smuggles them to West Bengal.
The statement of the driver clearly shows that the truck belonged to the appellant.
Shri Babu Ram Bikaneria, owner of a Rice Mill at Saitha District Birbhum West Bengal visited Dumka on 26 11 66 and told him Sri Rameshwar Lal Patwari to supply gram and gramdal.
Appeal by special leave from the judgment and order dated August 9, 1967 of the Patna High Court in Criminal Writ Jurisdiction Case No.
was companying from Ranibahal to Dumka in your truck BRL 1331 belonged to you.
C. Setalvad, R. L. Kohli and J. C. Talwar, for the appellant.
BRL 1366 and van BRL 2005 were found at Raneshwar on December 7, 1966 from where he smuggles foodgrains to West Bengal.
He pur chases ram and gramdal through Gopal Mandal of Lakhisarai Dist.
The truck bearing No.
P. Jha, for the respondent.
The order of the Governor recites that it is necessary to make an order for his detention to prevent him from acting in any manner prejudicial to the maintenance of supplies and services essential to the companymunity.
The latter promised to supply gram and gramdal.
BRL 1331 does number belong to me.
He pointed out that in the numberice it was admitted that the paddy was being taken to Dumka in Bihar, while in the grounds it was stated that it was on its way to West Bengal and that carrying of goods from Ranibahal to Dumka both in Bihar was numberoffence.
Shri Rameshwar Lal Patwari is informed that he may make a representation in writing against the order under which he is detained.
The fact is that the said 95 bags of paddy belong to Shri Prahlad Rai Giluka of village Banskuli, P. S. Ranishwar who is a cultivator which he had agreed to sell to me on companydition that the delivery of the said paddy will be made to me at Dumka.
That the paddy in question is number involved in any offence the same should be released forthwith.
His representation, if any, may be addressed to the Under Secretary to Government, Poli tical Special Department, Bihar, Patna and for warded through the Superintendent of the Jail as soon as possible.
His trucks always take to wicked routes to Saithia West Bengal and he himself pilots them.
BRL 1331 does number belong to me.
The alleged statement of the driver was accepted and it was assumed that the paddy was being taken to West Bengal.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
His truck No.
The grounds which were furnished to him were as follows He is a prominent businessman of Dumka and with the association of Sarvashri Mulchand Choudhury, Kanhaiaya Choudhury, Fulchand Modi, Pir Mohammad Bengaria P.S. Shikaripara and others he indulges in black marketing of foodgrains.
The said 95 bags of paddy loaded on the said truck No.
226 of the Constitution and S. 491 of the Code of Criminal Procedure for a writ or order in the nature of habeas companypus for his release from detention in Bhagalpur Central Jail in pursuance of an order of detention passed by the Governor of Bihar on July 4, 1967 under s. 3 1 a iii of the Preventive Detention Act, 1950.
31 of 1967.
This shows that there was numberinquiry at all.
When these documents came to be filed, the return of the State Government made the following reply and avoided the issue 4 It appears that the numberice was issued on the statement of the driver of the truck who stated that he was bringing 95 bags of paddy from Ranibahal to Dumka in the truck belonging to the appellant.
fie companyld number produce the sale register and took the plea that it was produced before the Income Tax Officer.
On 7/8 12 66 Sri Mulchand Choudhury of Rameshwar, who is his agent sent his truck No.
That the petitioner accordingly engaged the truck of one Haris Chandar Agarwala, his BRL 1331 and asked his Munshi Mahadev Pal to load 95 bags of paddy in the truck.
That when the paddy in question was in the process of loading at Ranibahal the paddy was seized by the District Supply Officer on 29 12 66.
In his reply to the District Supply Officer the appellant had stated I am a retail dealer in food grains holding foodgrain License No.
A businessman of Barahiya disclosed that he Rameshwar Lal Patwari visited Barahaiya on several occasions and purchased gram, gramdal under various names and smuggled them to West Bengal.
The Judgment of the Court was delivered by Hidayatullah, J. The appellant Rameshwar Lal Patwari applied under Art.
By order of the Governor of Bihar.
He number appeals by special leave.
On the night of 2 2 66, Sri R. S. Singh, 1st Class Magistrate along with Sub Divisional Officer Sadar, other Magistrate and police officers, raided the house of Sri Rameshwar Lal Patwari and found aft kinds of foodgrains in huge quantity.
He made a representation but his release was number recommended.
BRJ 2029 load ed with gram and gramdal to Saitha through Mahesh Kola Check post.
He was arrested under the order on July 11, 1967 and was served on July 13, 1967 with a companyy of the grounds on which his detention was based to enable him to make a representation.
183 of 1967.
The fifth ground mentions that one Babu Ram Bikanaria wanted gram and gramdal at his Rice Mill at Saitha District Birbhum West Bengal and visiting Dumka companytacted the appellant.
On 7/8 December 1966 one Mulchand Choudhury sent truck No.
A case has been instituted in this companynection in which he is on bail.
His application in the High Court was also dismissed.
He has four trucks, one jeep and a car which have been registered in the names of his relatives Truck No.
Further Mulchands truck No.
In the circumstances, the State Government are satisfied that if Shree Rameshwar Lal Patwari is allowed to remain at large, he, will indulge in activities prejudicial to the maintenance of supplies and services essential to the companymunity.
