Beg, J. - (1.) This habeas corpus petition is directed against a detention order dated 6-7-1974 passed by the District Magistrate of Keonjhar in Orissa. The order recites that the District Magistrate was satisfied that "with a view to preventing Shri Dinanath Pansari s/o. Shri Dwarikanath Pansari of Barbil town, P. S. Barbil, District Keonjhar from acting in any manner prejudicial to the maintenance of supplies and services essential to the community, it is necessary to make" the order under Section 3 read with Section 5 of the Maintenance of Internal Security Act, 1971 (hereinafter referred to as 'the Act'). On the same date, grounds of this satisfaction were communicated to the petitioner giving the following particulars:"1. On 15-2-1974 you received Automobile (Truck) tyres from Madras Rubber Factory through Carry Co. at Barbil as Manager of United Commercial Company, Barbil and these tyres were specified to be used in the fleet of trucks owned by United Commercial Co. as a fleet owner. But instead of using the tyres in the fleet of United Commercial Co. you sold two of those tyres the same day (15-2-1974) to one Narayan Singh at Rs. 5,400/- without authority and cash memo. On this issue Barbil P. S. case No. 32 dated 15-2-1974 under Section 7 E. C. Act was registered and charge-sheeted against you. 2. You, as Manager of the United Commercial Co. received 149 truck tyres (137-through Tata Nagar Transport Corporation, Barbil and 12 through, Carry Co. Barbil) between 14-2-1974 and 27-4-1974 as a fleet owner for use in a fleet of 10 trucks maintained by you. During enquiry by the Special Magistrate, Barbil only six number of tyres were found in your company's Godown and your office-in-charge Shri Shamasunder Pandit stated these six tyres to be the only stock in hand. On verification of 8 trucks belonging to your fleet on 19-51974 it was found that only 3 tyres fitted to these trucks were new and the rest of the tyres were either too old or resoled or damaged ones. This reveals that you have disposed of tyres received as a fleet owner otherwise in contravention of law. By the above acts of yours the maintenance of supplies and services of essential commodities namely Automobile tyres have been dislocated."
(2.) The petitioner alleges that he is a law-abiding citizen who, after completing his studies in 1966, started a business under the name and style of M/s. Nancy Automobiles, Rourkela, in Orissa, to deal in auto car parts, which he carried on until about the end of 1972; and, thereafter, he became a Director of a private Transport Company. Soon afterwards, in 1972, he started business under the name of Vivek Automobiles in Barbil in the District of Keonjhar. He admits that he is "the Sole Proprietor of the said business" and "was engaged in the purchase and sale of automobile spare parts, tyres and tubes." He asserts that he is a registered dealer under the Orissa Automobile Tyres and Tubes Control Order, 1973. He alleges that the Central Government has not fixed the selling prices of tyres and tubes at any time. He states that, although, originally the Control order covered only 50 per cent of the tyres and tubes received by a licencee, subsequently, a total restriction was imposed upon dealings in these goods which had been declared essential commodities. But, he claimed that, on 18-12-1973, the Controller of Supplies had issued an order permitting free sales by license holders to the extent of 25 per cent of their stocks. He alleges that, roundabout January, 1974, the District Magistrate of Keonjhar held a meeting at which he insisted that 25 per cent. of tyres and tubes available for free sale by the licensed dealers be sold only for use on vehicles registered in Keonjhar on which tax had been paid under the Bihar an Orissa Motor Vehicles Taxation Act, and then issued a circular letter to dealers directing that this be done by them. The petitioner states that he vehemently protested against the District Magistrate's instructions which were invalid under the law. He also asserts that he objected to the formation of an allotment committee by the District Magistrate for the purpose of distributing tyres and tubes in the District with the result that the District Magistrate was displeased with the petitioner.
(3.) The petitioner also alleges that, in Barbil, which is a mining area, there is considerable transport business and that truck owners in that District had formed an Association called "The Barbil Mining Area Truck Owners' Association." He asserts that he has always resisted- the illegal demands of truck owners. The petitioner goes on to state that his sister, Smt. Sarda Devi of Chakaradharpur, Distt. Singhbhum, in Bihar, started a transport business at Barbil in 1970, under the name of "United Commercial Company" (hereinafter referred to as 'the Company') which had a fleet of ten vehicles. According to the petitioner, this Company's competition with the truck owners deprived them of big contracts and thus he incurred their displeasure. He states that, while the Truck Owners' Association wanted to raise the rates of freight, the rates of the company we" not raised and that this further displeased the truck owners' Association. He suggests that the District Magistrate wanted to please the truck owners.;