Judgment

SARKARIA, J.:- The petitioner challenges the validity of the order of his detention made by the District Magistrate, Jodhpur under Section 3 (1) (a) (iii) of the Maintenance of Internal Security Act, 1971 (for short the Act) and prays for a writ in the nature of habeas corpus.

2. The order of detention was passed on March 18, 1974. In pursuance thereof, the petitioner was taken into custody on March 19, 1974.

3. The detention order (for short, the first order) which was served on the detenu at the time of his arrest on March 19, 1974 states:

"............... whereas, the said Shri Bankat Lal has been indulging in rampant adulteration of essential foodstuffs and supply thereof for consumption by the community at large, operating a factory and firm under the name and style of Laxmi Narain Moondra situated in Makrana Mohalla, Jodhpur for such adulteration, so much so that 170 odd bags of material which among other things, includes 7 tins of sawdust, 15 bags of colour (yellow and Gherwa), 70 bags of chilli seed, black colour leaves, which look like tea leaves, one bag of gypsum (khaddi) powder and a tin of animal dung, used and intended for use in adulteration of foodstuffs, which are poisonous and injurious to public health were recovered from your godown and one floor mill owned and/or controlled by the said Shri Bankatlal;

3. And, whereas recovery from the godown and floor mill mentioned in the preceding paragraph, also includes food stuff like Haldi, Mirchi, and Amchoor, which on chemical examination by the Public Analyst have been found to be adulterated for which prosecution is contemplated against the said Shri Bankatlal under the Prevention of Food Adulteration Act, 1954;

4. And, further there is reasonable apprehension that the said Shri Bankatlal will continue to indulge in adulteration and sale of adulterated foodstuffs and thereby act prejudicial in the matter of maintenance of supplies essential to the community and frustrate the objective of supply of pure foodstuffs to the community at large and there is no other way to prevent him from acting in such prejudicial manner otherwise than by invoking the provisions of Section 3 (1) (a) (iii) of the Maintenance of Internal Security Act.

5. And, therefore, in exercise of the powers conferred upon me by Section 3 (2) of the Maintenance of Internal Security Act, I order the detention of Shri Bankatlal ......."

4. The second order containing further particulars of the grounds of detention was served on the petitioner on March 20, 1974. It reads:

"x x x x"

1. That on 11-3-1974 between 11.30 a.m. and 2 p.m. Dr. (Miss) Raj Kumari, District Chief Medical and Health Officer Jodhpur together with .................went to Sumer Market where one Shri Hiranand son of Shri Lal Chand Sindhi, retailer gave credible information that you are owning a business firm named as Laxmi Narain Moondra a wholesale concern at Killikhana , Makrana Mohalla, Jodhpur and you are doing wholesale business of adulteration of essential commodities (foods stuffs) by adulterating cheap unhygienic and injurious materials like colours, saw-dust, gypsum, Gharu and sand with- chilli-seeds, Haldi, Dhania, Amchur, tea-leaves and dour and manufacture adulterated food stuffs for sale to the general public as pure varieties of such essential commodities. When the party raided your above shop and four godowns situated in the same premises and searched there between 11-3-1974 and 14-3-1974, the information given by Shri Hiranand was confirmed. You, together with your son were found present in your shop and on the search of your premises the checking party found under your ownership and control huge quantities of adulterated foodstuffs as well as the materials used bb you for the purpose of adulterating essential commodities. A perusal of the recovery memos of the articles seized show that you possessed the stock of following adulterated articles for manufacture, sale and storage of foodstuffs for sale under your cont