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1974 Supreme(SC) 402

N.L.UNTWALIA, P.N.BHAGWATI
Satya Deo Prasad Gupta – Appellant
Versus
State Of Bihar – Respondent


Judgment

BHAGWATI, J.:- This is yet an other instance where this Court is reluctantly compelled to set tree from detention a person believed to be an economic offender. We had occasion to point out in an earlier judgment, Dwarika Prasad Sahu v. State of Bihar W.P. No. 346 of 1974, D/-12-11-1974 that economic offenders are a menace to the society and it necessary in the interest of the economic well being of the community to mercilessly stamp out such pernicious, anti-social and highly reprehensible activities as hoarding, black-marketing and profiteering which are causing havoc to the economy of the country and inflicting untold hardships on the common man and the Court would, therefore, naturally be loath to interfere with an order of detention which is calculated to put an economic offender out of action by way of social defence. But here in the present case the attempt to curb this social menace has been frustrated and set at naught by want of due care, promptness and attention on the part of the State Government and the Court is left with no choice but to strike down the detention of the petitioner. If only the State Government had properly applied its mind to the correct legal











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