Judgement

HEGDE, J. : In this appeal by special leave, the question for decision is whether the appellant s detention under sub-clause (iii) of Clause (a) of sub sec. (1) of Section 3 and of Section 4 of the Preventive Detention Act, 1950, (IV of 1950) - to be hereinafter referred to as "the Act", as per order of the Governor of Bihar No. A-DE-Pur-1501/67/6357/C dated September 25, 1967, is unlawful.

2. The appellant is a partner in the grocery shop by name "Shanti Stores" in Gulab Bagh where sugar, maida, soap, match boxes, kerosene oil and other articles are sold. He is said to have indulged in black-marketing in essential commodities. As per the order of September 27, 1967 grounds in support of the appellant s detention were supplied. They read as follows :

"(a) On 10th March, 1967, he sold match boxes and soap to a shopkeeper of Purnea Court compound at a price higher than that fixed for these commodities and did not grant any receipt for the same.

(b) On 15th March 1967, it transpired from one Satyanarain Prasad, a shop -keeper of Purnea Bus Stand, that he (Shri Motilal Jain) sold him match boxes at Rs. 11 per gross which was Rs. 2 higher than the price fixed. This was also substa