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1994 Supreme(AP) 67

M.RANGA REDDY, P.RAMAKRISHNAM RAJU, M.N.RAO
Pinjari Hussain Sab – Appellant
Versus
District Collector, Anantapur – Respondent


M. N. RAO, J.

( 1 ) THESE two habeas corpus writ petitions are listed before us pursuant to an order of reference dated 19-1-1994 made by a Division Bench of this court comprising two of us - M. N. Rao and P. Ramakrishna Raju, JJ. These two writ petitions, in the first instance, came up for hearing before the Division Bench on 19-1-1994. In W. P. No. 18349 of 1993, one of the contentions urged by Sri Vijay Kumar, learned counsel for the petitioner, was that the impugned order of detention was liable to be struck down on the ground of non-application of mind by the detaining authority. The detention order specifically mentioned that it was passed by the detaining authority in exercise of the powers conferred by Section 3 (2) (a) r/w Section 3 (1) (a) and (b) (i) and (ii) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Act No. 7 of 1980) (hereinafter referred to as the "act") with a view to preventing the detenu from acting further in a manner prejudicial to the maintenance of supplies of commodities essential to the community. No provision of law falling within the ambit of Section 3 (1) (b) (ii) of the Act has been mentioned in t

































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