( 1 ) THE Collector and District Magistrate, Pr akasham District, by an order dated 17-8-1994 in Re. CC No. 45/94 directed the detention of Desu Brahma Rao @ brahmaiah, proprietor of Sri Balaji Rice Mill, Kandukur, with a view to preventing him from further acting in any manner prejudicial to the maintenance of supply of rice, a commodity essential to the community. The order alleges that the detenu, by diverting and selling rice, has contravened clauses 3 (1) and (4) of the Andhra Pradesh Scheduled Commodities (Regulation of Distribution by Card System) Order, 1973 and clause 3 (1) of the andhra Pradesh Scheduled Commodities Dealers (Licensing and Distribution) order, 1982 r/w Sections 7 and 8 of the Essential Commodities Act, 1954. The order was passed under sub-section (2) (a) of the Section 3 r/w Section 3 (1) of the Prevention of Black Marketing and Maintenance of Supplies of Essential commodities Act, 1980. The legality of the order of detention is challenged in this writ petition by the younger brother of the detenu.

( 2 ) THE grounds of detention mentioned two specific incidents based upon which the detaining authority has formed the requisite opinion: (i) The