Ground No.
on the ground that all the trucks belonged to Uttar Pradesh and the jawar and bajra loaded on them were being smuggled from U.P. to Bihar at your instance.
8 is number existent and irrelevant and hence it vitiates the detention order.
Ground No.
On behalf of the petitioner, the following submissions are made by Mr. Frank Anthony There was companysiderable delay in the Government disposing of the representation of the detenu and hence it vitiates the detention order.
8 That five trucks bearing registration No.
7 That the aforesaid sales are fictitious and have been shown with a view to smuggle bajra, jawar and maize to Bihar from where enough quantities of bajra and jawar have been booked by rail to Delhi and Poona as shown below Then is given a list of various bookings of 225 bags of jWar to Delhi, 116 bags of bajra to Poona, 150 bags of bajra to Poona, 220 bags of bajra to Poona and 229 bags of jawar to Poona and even railway wagon numbers are mentioned.
231 of 1973.
Both the matters are heard together and are disposed of by this companymon judgment.
Ground No.
The petitioner obtained special leave to appeal against the judgment on 19th December, 1973 and the same has been registered as Criminal Appeal No.
9 That 3 bags of rice No.
Enquires show that you were the person behind these transactions.
The 7th ground ends as under All these companysignments were booked to self.
The petitioner also filed writ petition No.
11 In view of the aforesaid mentioned grounds I am satisfied that the activities carried on by you are such as to interfere with the scheme underlying the Essential Commodities Act and the Movement Orders promulgated by Government under the above Act in a manner prejudicial to the maintenance of supplies and services essential to the companymunity and it is necessary to detain you.
Petition Under Article 32 of the Constitution of India.
6 That the persons named above are neither foodgrains Arhatias number retail shopkeepers either at Chandsuli Bazar or in Chandsuli village.
10 That the firm Shyam Sunder Ashok Kumar have number maintained any stock register and satta Bhai since 1970 of oil seeds and oil seeds product but at the time of checking on 17 7 73, 305 bags of Tisi and 10 bags of Sarson were found Ground No.
Frank Anthony and K. B. Rohtagi for the Petitioner.
The order has been passed with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies and services essential to the companymunity.
ORIGINAL JURISDICTION Writ Petition No.
23 of 1974.
5 That taking undue advantage of the acute shortage of the foodgrains in the state due to the failure of the rains disrupt the fair and equitable distribution amongst the public you have succeeded in getting large quantity of maize, bajra and jawar and smuggled to and stored in your goodown at Mohania Bihar , a number producing area of these foodgrains in the State of Bihar, just on the border of U.P. through your said firm which will be evidenced by the facts given below Then follows a detailed list of sales of bajra, jawar and maize to numerous persons as per cash memos mentioned therein showing sales, on 21 6 1973, 26 1973, 7 7 1973, 16 6 1973 and 16 7 1973 Ground.
Ground No.
The companysigners of aft these companysignments were searched at Mohania on the address given in the railway records but numbersuch persons or Bhandar were available on that address.
UPF 2039, USF 3253, UPF 2927, USS 7745 and UPF 2015 loaded with jawar and bajra were apprehended by Mohania Police on 2 3 1973 2/3 July 1973?
2, 499 bags gram, 70 bags of Matar and 90 bags of Dal matar were found short on the actual verification of the stock of firm Shyam Sunder Ashok Kumar on 17 7 1973 by Deputy Regional Marketing Officer, Varanasi Enforcement .
C.T. /75 The petitioner applied to the High Court of Allahabad under Article 226 of the Constitution read with section 491 of the, Code of Criminal Procedure for quashing the order of detention and the same was dismissed by the Division Bench on 26th November, 1973.
1 of the Act and rule nisi was issued on 31st January, 1974.
Ground No.
The grounds of detention were served on the petitioner on 7th September, 1973.
Leaving out the prefatory and descriptive portions, the grounds of detention may be set out as under Ground No.
The Judgment of the Court was delivered by GOSWAMI, J. This habeas companypus petition under Article 32 of the Constitution of India is directed against the order of the District Magistrate, Varanasi, of 3rd September, 1973, whereby the petitioner was detained under sub section iii of clause a of sub section 1 .of section 3 of the Maintenance of Internal Security Act, 1971 briefly the Act .
4 That with a view to companytinue your anti social activities and to save yourself from the clutches of law you have started a firm under the name and style of M s Shyam Sunder Ashok Kumar, in Mohalla Machchodari P. S. Kotwali, Varanasi City some time in the year 1966 or 1967 and You have purposely associated your minor son Ashok Kumar, your brother Shyam Sunder and a lady of your family as partners in the said firm only in name while, in fact, you are actively transacting the entire business of the said firm to carry on the illegal activities.
P. Uniyal, R. Bana and O. P. Rana for the Respondent.
Ground No.
3 That you and your other associates have been charge sheeted by Mohania Police on 28 11 66 for the offence punishable under section 7 F.C. Act and 125 DIR 1962 and the case is still pending in the Court, Magistrate of Bhabhua Bihar as the proceedings have been stayed by the orders of the High Court, Patna.
9 1 84Sup.
23 of 1974 before this Court under Article 32 of the Constitution on 20th December, 1973, against the order of the State Government of 21st November, 1973, companyfirming the aforesaid order of detention under sect ion 12.
Ground No.
