JUDGMENT

S. Saghir Ahmad, J.-These two petitions filed under Article 32 of the Constitution of India for writs in the nature of habeas corpus were allowed by us by a short order on 21st November, 1995. We now proceed to give our reasons.

2. Kundanbhai Dulabhai Shaik, petitioner in Writ Petition (Crl.) No. 491 of 1995 and Rameshchandra Somchand Shah, petitioner in Writ Petition (Crl.) No. 492 of 1995, were detained in jail in pursuance of the orders dated 16th August, 1995, passed by the District Magistrate, Ahmedabad and District Magistrate, Surat, respectively, under Section 3(2) of the Prevention of Black Marketing & Maintenance of Supplies of Essential Commodities Act, 1980 (For short, Act ). These orders are contained in Annexure A to the writ petition in both the cases. The grounds of detention were supplied separately, though on the same date, and they are contained in Annexure B .

3. Petitioner in Writ Petition (Crl.) No. 491/95 is the owner of a godown where 4 barrels containing 800 litres of kerosene meant for distribution to the public under the Public Distribution Scheme were found loaded on an auto-rickshaw. On enquiry made by the staff of the Supply Department, it