MATHEW - (1.) THE petitioners question the legality of the orders of detention dated 25/07/1973 passed by the District Magistrate, Kamrup, under S. 3(2) (a) of the Maintenance of Internal Security Act, 1971, hereinafter referred to as the "Act" and pray for issue of writs in the nature of habeas corpus.
(2.) THE orders of detention state that the detaining authority is satisfied that with a view to prevent the petitioners from acting in a manner prejudicial to the maintenance of supplies and services essential to the community in Kamrup District, it is necessary that they should be detained in Gauhati Jail with immediate effect until further orders. On 30/07/1973, the petitioners surrendered themselves before the Additional District Magistrate. On the same day, each of the petitioners was served with the order of detendon and also the grounds of detention together with a letter informing him of his right to make a representation against the order of detention to the State government. The grounds of detention seized upon the petitioner Prabhu Dayal Deorah read as follows : 109 "That you, being one of the partners and in the active management of M/s. Deora Flour and Rice Mills, Zoo Road, Gauhati and M/s. Srinivas Basudeo, Fancy Bazar, Gauhati are responsible for unauthorised milling of paddy in M/s. Deora Flour and Rice Mills at Zoo Road, Gauhati and smuggling of the resultant rice to Meghalaya for earning undue profit. You are also responsible for unauthorised hoarding of rice and sugar in the premises of M/s. Deora Flour and Rice Mills at Zoo Road and M/s. Srinivas Basudeo at Fancy Bazar for the sole purpose of selling these commodities at higher prices in and outside Gauhati for profiteering. On 25/07/1973 the following quantities of paddy and rice were unearthed and seized from your unauthorised possession at Zoo Road (Deora Flour and Rice Mills) premises. JUDGEMENT_103_1_1974Html1.htm That on 4/01/1972, 191 bags of sugar were seized by the Supply Officials of Gauhati from your unauthorised possession at Messrs. Basudeo, Fancy Bazar, Gauhati. That on 16/05/1972 the supply officials seized 105.03 quintals of rice from your unauthorised possession at Messrs. Srinivas Basudeo, Fancy Bazar, Gauhati. That you indulged in such trade activities which created acute scarcity and high prices of rice and sugar in Gauhati market. You are, thus acting in a manner prejudicial to the maintenance of supplies and services essential to the community as a whole in this district and your being at large has jeopardised the maintenance of such supplies and services to the community."
(3.) THE grounds of detention served on the petitioner Raj Kumar Deorah read as follows : " That you being a close associate of Shri Prabhu Dayal Deora son of Late Basudeo Deora of Zoo Road, Gauhati and in the active management of Basudeo, Fancy Bazar, Gauhati, are responsible for unauthorised milling of paddy in Messrs. Deora Flour and Rice Mills at Zoo Road, Gauhati and smuggling of the resultant rice to Meghalaya for earning undue profit. You are also responsible for unauthorised hoarding of rice and sugar in the premises of Messrs. Deora Flour and Rice Mills at Zoo Road and Messrs. Srinivas Basudeo at Fancy Bazar for the sole purpose of selling these commodities at higher prices in and outside Gauhati for profiteering. That on 25/07/1973 the following quantities of paddy and rice were unearthed and seized from your unauthorised possession at Zoo Road (Deora Flour and Rice Mills premises) : JUDGEMENT_103_1_1974Html2.htm That on 4/01/1972, 191 bags of sugar were seized by the supply officials of Gauhati from your unauthorised possession at Messrs. Srinivas Basudeo, Fancy Bazar, Gauhati. 110 That on 16/05/1972 the supply officials seized 105.03 quintals of rice from your unauthorised possession at Messrs. Srinivas Basudeo, Fancy Bazar, Gauhati. That you indulged in such trade activities which created acute scarcity and high prices of rice and sugar in Gauhati market. You are, thus acting in a manner prejudicial to the maintenance of supplies and services essential to the community as a whole in this district and your being at large has jeopardised the maintenance of such supplies and services to the community." On 5/08/1973, each of the petitioners sent his representation to the State government through the jail authorities of Gauhati raising various grounds against the validity of the order of detention. Both representations were rejected by the State government on 28/08/1973 and their cases, together with their representations were sent by the State government to the Advisory Board constituted under S. 9 of the Act.;