Hirdey Nath Kapoor, J. - (1.) By this petition under Article 226 of the Constitution, petitioner Sudama Singh impugns the validity of his detention authorised under the order dated 19th June, 1981 passed by the District Magistrate, Gorakhpur, in exercise of his powers under Sec. 3(1) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Act No. 7 of 1980). Petitioner Sudama Singh had been Chairman of a Co -operative Society known as Kendriya Upbhokta Sahkari Bhundar Ltd. (Central Consumers Co -operative Society), Gorakhpur, from 18th May, 1978 to 14th May 1981. On 6th January, 198 ten fair price shops were, for distribution of essential commodities under the Public Distribution Scheme, allotted to said Society. In due course the Society appointed ten persons, one at each of the ten shops, to work as Salesmen. It is said that on 6th May, 1981," the Executive Magistrate visited the Society for checking its stock and records The checking made by the Executive Magistrate at the shop and godown of the Society situated at station Gorakhpur in presence of Nand Lal and Ram Prasad, employees of the Society, showed that certain stocks of essential commodities like vegetable oil, cloth, Atta, rice, sugar, wheal etc. were present in five godowns adjoining the shop at Station Road, Gorakhpur. Neither Sri Sudama Singh Chairman of the Society nor its Secretary were present at the spot. It was found that stock registers, sales registers, receipt for daily sales, rate board and stock board were not available at the godown and no person authorised to sell the articles or to manage the safes was present there. The Executive Magistrate accordingly lodged a first information report at police station cantt. On the basis of which a case under Sec. 3/7 of the Essential Commodities Act was registered against petitioner Sudama Singh, Narendra Kumar Srivastava, Secretary of the Society, Nand Lal and Ram Prasad Thapa. Remaining shops allotted to the Society were inspected by the Executive Magistrate on 7th May, 1981. The inspection made by the Executive Magistrate revealed that at none of these nine shops the records concerning distribution of goods like wheat, rice, sugar and kerosene oil, obtained by the Society from the public distribution, were available.
(2.) Deputy Registrar, Co -operative Societies, suspended the Committees of Management of the Society, vide his order dated 14th May, 1981 and on 17th May, 1981 he appointed Sri Ramhit Gupta as its Administrator. The petitioner surrendered himself before the Chief Judicial Magistrate, Gorakhpur, in connection with the case under the Essential Commodities Act, on 27th May, 1981 and on the same day he was released on bail for a period of two months. After petitioner's application for bail for a further period was rejected by the Chief Judicial Magistrate the petitioner obtained orders for being released on bail from the Court of Sessions Judge, Gorakhpur. Eventually, the District Magistrate, Gorakhpur, in exercise of his powers under Sec. 3(1) of the U.P. Act No. 7 of 1980 passed the impugned order dated 19th, June 1981 and directed petitioner's detention.
(3.) The grounds on which the petitioner has been directed to be detained were supplied to him on 21st June, 1981 (Annexure 3 to the petition). Its perusal shows that the District Magistrate felt the necessity of detaining the petitioner with a view to prevent him from acting in a manner prejudicial to the maintenance of supplies of commodities essential to the community on the ground that the petitioner had been in the past contravening the provisions contained in Clauses 3 and 23 of the U.P. Foodgrains and other Essential Articles Distribution Order 1977, Clause 3 of the U.P. Vanaspati Dealers Licencing Order and U.P. Essential Commodities (Display of Price and Stock and Control of Supplies and Distribution) Order, 1977.;