H. N. Setb, J. - (1.) THESE two petitions under Article 226 of the Constitution for writ of habeas corpus by Mohammad Yusuf and Mohammad Muslim who are father and son can be conveniently disposed of by a common judgment. Whereas writ petition no. 2499 of 1984 is by Mohammad Yusuf, the petitioner in writ petition no. 2500 of 1984 is Mohammad Muslim.
(2.) ON 13th February, 1984, the District Magistrate Moradabad passed two different orders authorising the detention of Mohammad Yusuf and Mohammad Muslim under section 3 of the Prevention of Black marketing and Maintenance of Supplies of Essential Commodities Act, 1980. The detention order along with the grounds therefor were served upon the two petitioners while they were in jail custody after surrendering themselves on 16th February, 1984 before the Special Judge Moradabad on 15th February, 1984 in connection with the case under section 3/7 of the Essential Commodities Act that had been registered against them on 8th February, 1984. A perusal of the grounds for their detention served upon the two petitioners indicates that the satisfaction of the District Magistrate that it was necessary to detain both of them with a view to prevent them from acting in a manner prejudicial to the maintenance of supplies of commodities essential to the life of the community was based on the following facts. That on 8th February, 1984 at about 12.30 in the noon Sri Chandra Lal, Regional Food Officer East Moradabad visited, the Coal Depot of M/s. Mohammad Yusuf and Sons Asalatpur, Moradabad wherein both Mohammad Yusuf and Mohammad Muslim were partners. At the time of inspection Mohammad Yusuf was present there and in his presence apart from mixed coke/pure coke ten metric tonnes i. e. 100 quintals of hard coke was also found stored there. No stock or price list was found displayed. On inquiry with regard to the purchase, sale and storage of the said hard coke being made, Mohammad Yusuf made a statement wherein he admitted that the firm had no licence under the provisions of the Coal Control Order, 1977 for Purchase, sale and storing hard coke. He also stated that the said hard coke had been obtained from a firm in Banaras on 7th February, 1984 and that he had one day earlier sold one quintal of hard coke at the rate of Rs. 130/- per quintal to Sri Kalman r/o Mohalla Manpur. Be did net issue any cash memo for the same as the price of the coal had net yet been paid to him. Mohammad Yusuf further informed that apart from cash memo becks all other records were with his Munshi and were not available on the spot. Inquiries made from the District Supply Office Moradabad (Coal Section) revealed that no coal depot licence for the year 1983-84 in Mohalla Asalatpur had been issued in the name of the firm wherein Mohammad Yusuf and Mohammad Muslim were partners. Mohammad Yusuf and Mohammad Muslim were thus found indulging in illegally importing, storing and selling hard coke without obtaining the licence. The said hard coke was accordingly seized by the authorities and after preparing the recovery memo was given in the Superdigi of Mohammad Husain son of Asgar. Mohammad Yusuf had also signed the said recovery memo. However, on finding an opportunity Mohammad Yusuf snatched the cash memo book and made good his escape. Aforementioned activities of Mohammad Yusuf and Mohammad Muslim constituted contravention of the provisions of the Coal Control Order, punishable under section 3/7 of the Essential Commodities Act, 1955. Both Mohammad Yusuf and Mohammad Muslim had thus illegally imported hard coke which was a commodity essential to the life of the community for purpose of storage and sale and had indulged in activities prejudicial to the maintenance of supplies of essential commodities. The District Magistrate Moradabad accordingly felt satisfied that it was necessary to detain Mohammad Yusuf and Mohammad Muslim with a view to prevent them from acting in any manner prejudicial to the maintenance of supplies of essential commodities.
(3.) A perusal of the aforesaid facts on which the order of detention was passed indicates that the District Magistrate's satisfaction that it was necessary to detain the two petitioners with a view to prevent them from acting in any manner prejudicial to the maintenance of supplies of commodities to the community was based on the ground that the two petitioners had committed offences punishable under section 3/7 of the Essential Commodities Act, 1955 inasmuch as they had illegally imported hard coke and had after storing the same sold a part of it without obtaining a licence under the provisions of Uttar Pradesh Coal Control Order, 1977. Learned counsel appearing for the two petitioners questioned the validity of the two orders passed by the District Magistrate authorising their detention on the ground that the same had been made under total misconception of legal position, and without application of mind to relevant facts. After hearing the learned counsel for both the parties we are inclined to accept this submission.;