Judgment

GOSWAMI, J. :- This habeas corpus petition under Article 32 of the Constitution of India is directed against the order of the District Magistrate, Varanasi, of 3rd September, 1973, whereby the petitioner was detained under sub-section (iii) of clause (a) of sub-section (1) of Section 3 of the Maintenance of Internal Security Act, 1971 (briefly the Act). The order has been passed "with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies and services essential to the community." The grounds of detention were served on the petitioner on 7th September, 1973. Leaving out the prefactory and descriptive portions, the ground of detention may be set out as under :-

Ground No. 3 : "That you and your other associates have been charge-sheeted by Mohania Police on 28-11-1966 for the offence punishable under Section 7, E.C. Act and 125 D.I.R. 1962 and the case is still pending in the Court, Magistrate of Bhabhua (Bihar) as the proceedings have been stayed by the orders of the High Court, Patna".

Ground No. 4 : "That with a view to continue your anti-social activities and to save yourself from the clutches of law you have started a firm under the name and style of M/s. Shyam Sundar Ashok Kumar, in Mohalla, Machchodari, P.S. Kotwali, Varanasi City sometime in the year 1966 of 1967 and you have purposely associated your minor son Ashok Kumar, your brother Shyam Sundar and a lady of your family as partners in the said firm only in name while, in fact, you are actively transacting the entire business of the said firm to carry on the illegal activities."

Ground No. 5 : "That taking undue advantage of the acute shortage of the foodgrains in the state due to the failure of the rains disrupt the fair and equitable distribution amongst the public you have succeeded in getting large quantity of maize, bajra and jwar and smuggled to and stored in your godown at Mohania (Bihar), a non-producing area of these foodgrains in the State of Bihar, just on the border of U.P. through your said firm which will be evidenced by the facts given below :-

2. Then follows a detailed list of sales of bajra, jwar and maize to numerous persons as per cash memos mentioned therein showning sales on 21-6-1973, 26-6-1973, 7-7-1973, 16-6-1973 and 16-7-1973.

Ground No. 6 : "That the person named above are neither foodgrains Arhatias nor retail shopkeepers either at Chandauli Bazar or in Chandauli village."

Ground No. 7 : "That the aforesaid sales are fictitious and have been shown with a view to smuggle bajra, jwar and maize to Bihar from where enough quantities of bajra and jwar have been booked by rail to Delhi and Poona as shown below" :-

Then is given list of various booking of 285 bags of jwar to Delhi, 116 bags of bajra to Poona, 150 bags to bajra of Poona, 220 bags of bajra of Poona and 229 bags of jwar to Poona and even railway wagon numbers are mentioned.

3. The 7th ground ends as under :-

"All these consignments were booked to self. The consigners of all these consignments were searched at Mohania on the address given in the railway records but no such persons or Bhandar were available on that address. Enquiries show that you were the person behind these transactions."

Ground No. 8 : "That five trucks bearing registration No. UPF 2039, USF 3253, UPF 2927, USS 7745 and UPF 2015 loaded with Jwar and bajra were apprehended by Mohania Police on 2-3-1973 (2/3 July 1973?) on the ground that all the trucks belonged to Uttar Pradesh and the jwar and bajra loaded on them were being smuggled from U. P. to Bihar at your instance."

Ground No. 9 : "That 8 bags of rice No. 2,499 bags gram, 70 bags of Matar and 90 bags of Dal matar were found short on the actual verification of the stock of firm Shyam Sunder Ashok Kumar on 17-7-1973 by Deputy Regional Marketing Officer, Varanasi (Enforcement)".

Ground No. 10 : "That the firm Shyam Sunder Ashok Kumar have not maintained any stock register and Satta Bahi since 1970 of oil-seeds and o