Wanchoo, J. - (1.) This is an application by Shri Basudeva under Section 491, Criminal P. O. The applicant is the proprietor of firm styled "Mahanand Ram Bajoria and Brothers" in Shahjahanpur which deals in kerosene oil. On 19th. December, 1948, the applicant was arrested and Ordered to be detained under the U. P. Prevention of Black-marketing (Temporary Powers) Act, XXII [93] of 1048. By the present application, the applicant contends that his-arrest and detention, under this Act, are illegal' and one of the grounds which has been urged is that the provisions of the Act which provide for-detention are ultra vires of the Provincial Legislature.
(2.) The impugned Act received the assent of-the Governor General on 11th April, 1948 under Section 76, Government of India Act, 1935, as adapted, and was promulgated on 14th April, 1948. The' Preamble of the Act is as follows: Whereas it is expedient in the interest of maintenance of Public Order and supplies essential to the life-of the community to provide, during a limited period, for further powers to prevent black-marketing in the United Provinces. The Act contains 20 sections. Of these, Section 8 (l) (i) Section 4 (1) and Section 8 are directly concerned with preventive detention. Section 3 (l) (i) reads-as follows: If upon information received the Provincial Government is satisfied that any person habitually indulges in black-marketing, the Provincial Government may make one Cr more of the following Orders, namely. (i) that such person be detained in such custody and' for such period not exceeding six months, as may be specified in the Order. Section 4 (l) provides for the execution of the detention Order and need not be set out in. detail. Section 8 provides for communication to the person detained of the grounds on which the Order of detention has been made and for representation by such person to the Provincial Government. Then follow certain other provisions which provide for constitution of special Tribunals to consider the representation made by such person and report to the Provincial Government and final Orders by the Provincial Government in accordance with the report.
(3.) "Black-marketing" has been defined in in Section 3 (a) of the Act as follows: Black-marketing" includes, as respects any essential' commodity, disposing of or otherwise dealing in such commodity with a view to making gain, in any manner which may, directly or indirectly defeat or tend to defeat the provisions of the U. P. Control of Supplies (Temporary Powers) Act, 1947, or the Essential Supplies (Temporary Powers) Act, 1946, or of any order, made or deemed to have been made thereunder.;