S. Saghir Ahmad, J - (1.) THE petitioner by means of this petition filed under Article 226 of the Constitution has challenged the order dated 6-6-1988 passed by the District Magistrate, Sitapur, by which he has been detained under the provisions of Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 (No. 7 of 1980) (hereinafter referred to as the Act).
(2.) THIS order was served on the petitioner on 18-8-1988 accompanied by the grounds of detention as also other materials, namely Fard Baramadgi dated 19-10-87, statement of S. I. Sri Ramesh Singh, statement of Constable U. T. Lalaram, statement of Constable U. T. Suresh Kumar Tewari and statement of Constable 12 Ishwar Prasad Tewari. Copies of the detention order, the grounds and the documents referred to above have been filed as Annexures B-1 to B-7 with the counter-affidavit filed on behalf of the opposite parties. The order of detention is based on single incident of 19-10-87 as set out in the grounds of detention which read as under :- (Order of detention in Hindi omitted-Editor) It has been contended by the learned counsel for the petitioner that even if the facts set out in the grounds of detention are taken to be correct, an order of detention under the Act could not have been legally passed as the petitioner had not committed any offence punishable under the provisions of the Essential Commodities Act. Section 3 (1) of the Act provides as under : - "3 (1)-The Central Government or a State Government or any officer of the Central Government not below the rank of Joint Secretary to that Government specially empowered for the purposes of this section by that Government, or ally officer of a State Government, not below the rank of a Secretary to that Government specially empowered for the purposes of this section by that Government, may, if satisfied, with respect to any person that with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community it is necessary so to do, make an order directing that such person be detained. Explanation-For the purposes of this sub-section, the expression "acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community" means- (a) Committing or instigating any to commit any offence punishable under the Essential Commodities Act, 1955 (10 of 1955), or under any other law for the time being in force relating to the control of the production, supply or distribution of, or trade and commerce in, any commodity essential to the community ; or (b) Dealing in any commodity- (i) which is an essential commodity as defined in the Essential Commodities Act, 1955 (10 of 1955) or (ii) with respect to which provisions have been made in any such other law as is referred to in clause (a), with a view to making gain in any manner which may directly or indirectly defeat or tend to defeat the provisions of that Act or other law aforesaid."
(3.) THE stress of the learned counsel for the petitioner is on the explanation to sub-section (1) of section 3 which explains the expression "acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community." It is contended that if a person commits or instigates any person to commit any offence punishable under the Essential Commodities Act, 1955 then alone he can be said to be acting in any manner prejudicial to the maintenance, of supplies of commodities essential to the community.;