POKKOYA THANGAL Vs. ADDITIONAL DISTRICT MAGISTRATE
HIGH COURT OF KERALA
ADDITIONAL DISTRICT MAGISTRATE
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(1.) These applications under Art.226 of the Constitution (O. P. No. 661 of 1968 cites Art.227 and S.446 sie. 491 of the Criminal Procedure Code as well), brought on behalf of two persons whose detention has been ordered under S.3 of the Preventive Detention Act, 1950, for a writ or order of the nature of a habeas corpus have been heard together since the facts are similar and the questions of law that arise are much the same.
(2.) Ex. R 1 dated 26-1-1968 in O. P. No. 661 of 1968 is the order of detention in that case. It was made by the Additional District Magistrate, Kozhikode (the 1st respondent herein) who has been specially empowered in that behalf under S.3(2)(b) of the Act. It was served on the detenu concerned on 27-1-1968 and he was arrested and taken to the Central Jail, Cannanore, where he is now under detention. (The Superintendent of the jail is the 2nd respondent while the State of Kerala is the 3rd respondent). Ex. R 2 dated 28-1-1968 is a memorandum containing the grounds on which the order of detention was made, and this was duly served on the detenu on 30.1.1968 as required by S.7 of the Act. Ex. R 3 dated 5.2.1968 is the order made by the State Government under S.3(3) of the Act approving the order of detention made by the Additional District Magistrate (incorrectly referred to in the order as the District Collector, another, and the principal, office that the Additional District Magistrate holds) in respect of the detenues in these two cases and four other detenues.
(3.) Exs. R 1, R 2 and R 3 run as follows: R l:
Whereas I, N. Kaleeswaran, I. A. S., Additional District Magistrate (Independent) Kozhikode District, am satisfied with respect to Kizhisseri Ali of Kuzhimanna Village that with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies and services essential to the community it is necessary to make an order directing that the said Kizhisseri Ali be detained;
Now, therefore, in exercise of the powers conferred by S.3(2) of the Preventive Detention Act, 1950 (Central Act IV of 1950 extended by Central Act 48 of 1966). I hereby direct that the said Kizhisseti Ali be detained".
Date 26-1-1968. Sd/-
Place: Kozhikode. Additional District Magistrate (1)"
"In pursuance of S.7(1) of the Preventive Detention Act, 1950 (Central Act IV of 1950) Shri. Kizhisseri Ali, Kuzhimanna Village, Ernad Taluk is informed that the grounds for his detention are the following:
Government of Kerala being of opinion that it is necessary and expedient for maintaining supplies of certain foodstuffs and for securing their equitable distribution and availability at fair price to the public introduced Statutory Rationing system in the State. The Statutory rationing machinery is at present governed by the Kerala Rationing Order, 1966 dated 1-7-1966. The supply of food stuffs essential to the community is being made through the services of the Civil Supplies Department in the State, the Godowns of Food Corporation of India, wholesalers and retail ration dealers. The stocks necessary for distribution are obtained by the State Government, as allotted by Government of India periodically from other States and imported stocks. The stocks so obtained from outside have to be supplemented to the maximum extent possible by procurement of food grains produced within the State. For the purpose of procurement of rice and paddy to the maximum extent, out of the marketable surplus of food grains in the State, Government have promulgated the Kerala Rice and Paddy (Procurement by Levy) Order, 1966 dated 1-7-1966 and the Kerala Paddy and Rice (Declaration and Requisitioning of Stocks) Order, 1966 dated 1-7-1966. In order to facilitate the procurement and requisitioning of stocks under the above said orders it is essential to cordon off surplus areas in the State during the harvest season. To restrict the movement the Government have also promulgated the Kerala Rice (Regulation of Movement) Order, 1966 dated 1-8-1966. Under this order no person shall move or attempt to move or abet the movement of rice the definition of which includes paddy from any place within the specified area to a place outside that area except under and in accordance with a permit issued by the Collector of that district or any other officer authorised by him in this behalf. Unless the restriction of movement so imposed by the Movement Control order is enforced effectively the procurement work in the State that is necessary to supply sufficient food grains to the public through rationing machinery in the State will suffer. Any person who works or attempts to defeat the provisions of Movement Control Order will be, by his action, hampering procurement and thereby adversely interfering in the supplies and services which are quite essential to the community and necessary for equitable distribution of the available food grains in the State.
2. Wandur firka in Ernad Taluk, Kozhikode District has been declared as a specified area under the Movement Control Order referred to above and all the restrictions imposed on movement of rice and paddy are applicable to it. During Kanni harvest season of 1967 some persons were persistently trying to violate and on many occasions successfully, these restrictions and their actions adversely affected the procurement work in the firka. The target for procurement and requisitioning in the firka could not be achieved owing to the above said anti social and illegal activities of smugglers and black marketers. The usual form of violation was either to crash through check posts ignoring the bamboo pole barricades or to smuggle foodgrains by headload otherwise than by the road where check posts can be set up and afterwards assemble outside the specified area for purposes of sale in black market. The activities of such persons increased the price within the surplus area as a result of which the stockholders were not willing to measure the stocks that have to be sold to Government under the procurement and Requisitioning Orders. The searches conducted in the houses of levy assessees for getting the levy due were not successful as the stocks had already been cornered by the smugglers paying higher prices.
3. During the current Makaram season also such anti social and illegal activities are being continued and unless they are put a stop to immediately by taking preventive action against the persons indulging in smuggling and black marketing activities the maintenance of essential supplies and services to the community will be detrimentally affected. Taking action only in isolated cases detected has not been helpful in checking the activities of the smugglers as they are able to evade the staff by taking their stocks through various bye - ways which abound in the locality as well as by illegal means like crashing through cheekposts using lorries at dead of night after removing number plates. The use of the above said method, involves danger even to the lives of the Civil Supplies staff who are duty bound to stop the vehicles and who have to do their duty in limited strength in isolated places during night hours.
4. Sri. Kizhisseri Ali of Kuzhimanna Village, Ernad Taluk, is one such regular smuggler of food grains. He is in possession of two lorries viz. (1) KLP 2366 and (2) KLD 6942. He used to take illicitly food grains using the aforesaid vehicles to Calicut side for blackmarketing. These two vehicles have been seized several times with foodgrains by the Civil Supplies authorities. On 19-1-1968 he approached the Checkpost Inspectors at Kunduthodu and Tiruvali checkposts to get his lorry allowed to pass through the checkpost with foodgrains. Since the Checkpost Inspectors did not comply with the request he approached the Checkpost Inspector. Pandikad to permit him to pass through the checkpost. They also refused permission. After sometime he forcibly took the loads through the Pandikad check post after breaking the check post at dead of night, at about 4.45 A.M. The Checkpost Inspector has immediately lodged a complaint to the local Sub Inspector of Police. It is understood that the Sub Inspector arrested him and subsequently released him on bail. A case has already been registered at the Pandikad Police Station. This is an instance in which he was actually caught. The Civil Supplies Inspectors have had several occasions to see him with loads while conducting raids and he used to escape cunningly at times. He is a reputed blackmarketeer. He continues and is likely to continue to indulge in his illegal and unlawful activities.
I am therefore satisfied that the presence at large of this individual who indulges in smuggling activities and thereby hampers the success of procurement and requisitioning work ' which has just begun in Wandur firka will affect adversely the maintenance of equitable supplies of food and services essential to the community. Therefore his detention for two months has been ordered in exercise of powers under S.3 sub-s.(i)(a)(iii) of the Preventive Detention Act 1950 (Central Act IV of 1950) as extended by Central Act 48 of 1966) conferred on me by Government of Kerala Notification No. 61013/SS3/67 Home dt. 21-10-1967.
Sri. Kizhisseri Ali is informed that he has a right to make a representation in writing against the order under which he is kept in detention. If he wishes to make any such representation he should address it to the Chief Secretary to Government of Kerala and forward it through the Superintendent of the jail within fifteen days from the date of receipt of this memorandum. He is also informed that if he does not submit his representation against the grounds of detention within the aforesaid period it will be deemed that he has no representation to make.
Sd/- Addi. District Magistrate (1)"
" GOVERNMENT OF KERALA
Preventive Detention Act - Detention orders issued by the District Collector; Kozhikode approved.
Home (SS) Department
G. O. Rt. No. 199/68/Home. Dated 5-2-1968
Read: Letter No. S2/3352/68 dated 29-1-1968 from the District Collector, Kozhikode.
After careful consideration of the report received from the District Collector, Kozhikode the Government approve the detention orders issued by him in respect of the following persons:
1. Kizhisseri Ali, Kuzhimanna Village.
2. Pookunhi Koya Thangal, Pookottumpadam, Amarambalam Village.)
3. Pottanchali Mohammed, Chandakunnu, Nilambur Village.
4. Nedungadan Moideen Haji, Karakunnu Amsom.
5. Valasseri Kunhi Mohammed Haji, Wandoor Village.
6. Kokkadan Abdurahiman. Wandoor Village.
(By Order of the Governor)
Joint Secretary to Government".;
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