A detention order based on a non-existent ground is invalid and the detenu is deprived of the opportunity to make an effective representation against the order if the grounds of detention do not refer to relevant material which the detaining authority considered in coming to the conclusion that the detenu committed the offence.

( 1 ) THIS is a petition filed on behalf of Rangineni Chenchu naidu (hereinafter called detenu ) for a Writ of Habeas corpus being issued. The detenu is being detained in view of the order of detention dated 20-6-1988 passed by the Collector and District Magistrate, Chittoor District under Section 3 (2) (a) read with Section 3 (1) of the Prevention of Black-marketing and Maintenance of Supplies of Essential commodities Act, 1980 (herein after referred as black-Marketing Act for the sake of convenience ). The order of detention has been passed in view of the satisfaction of the detaining authority with a view to prevent the detenu from further acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community. In the present case the commodity is paddy. The order of detention itself recites that the detenu was indulging in transportation of paddy unauthorisedly from Chittoor District of Andhra Pradesh to Tamil Naidu contravening the provisions of Clause 3 of Andhra Pradesh Scheduled commodities Dealers (Licencing and Distribution) Order, 1982 (hereinafter referred to as 1982 Order ) and Clause 3 of A. P. Paddy (Restriction on Movement) Order, 1987 (hereinafter referred to as 1987 order) punishable under Section 7 of the essential Commodities Act 1955, which, as per Explanation under Section 3 (1) (a) of the Black-Marketing Act, means acting in a manner prejudicial to the maintenance of supplies of commodities essential to the community. The detention order does not state any facts on the basis of which the satisfaction was reached. The detention order merely gives conclusions arrived at from the facts mentioned in the grounds of detention. In the grounds of detention the facts are detailed in paragraphs 1 to 3, which read as under:"1. You. Sri Rangineni Chenchu naidu, S/o. Sri Venkama Naidu, aged 25 years are a resident of Subbanaidu kandiga village of Nagalapuram Mandal of chittoor District. You indulged in unauthorised transportation of paddy to Tamilnadu from Andhra Pradesh and thus acted in a manner prejudicial to the maintenance of supplies of paddy essential to the community as the following facts would prove. 2. On credible information that you were transporting paddy to Tamilnadu from Nagalapuram area of Chittoor District andhra Pradesh unauthorisedly by lorry AIL 7569 the Inspector of Police vigilance Cell, Civil Supplies Department tirupati and his staff laid in wait on 20-2-1988 at Pulikundram cross. The lorry ail: 7569 was spotted while it was coming from nagalapuram and proceeding towords uthukottai of Tamilnadu on 20-2-1988 at about 5-25 p. m. The Vigilance Cell officials gave visual signals to the driver to stop the lorry with a view to check it. The driver of the lorry ignored the signals and proceeded to wards Uthukottai. The Vigilance Cell Officials identified you, as you were found sitting on the left side of the driver. Suspecting the load as paddy, they chased the lorry in jeep ABD: 7499. The lorry driver did not give way to the jeep inspite of blowing horn continuously. As the driver of lorry did not give way to the jeep even after he was chased for about 4kms and as there was no alternative to stop the lorry, the Inspector, of Police Vigilance Cell Civil Supplies department, Tirupati, fired 3 rounds with 410 Musket aiming at the rear tyres with a view to immobilise the lorry; As a result two rear inner tyers got punctured. Inspite of the firing and puncturing of two tyres, the driver drove the lorry at a high speed and proceeded towards Periyapalem of Tamilnadu via Uthukottai after smashing the barricade of Surutupalli civil Supplies check-post. You were identified by the staff of the check-post. The lorry finally came to a halt at Palavakkam village after hitting the PATC Bus TML:3347. You along with driver jumped down from the lorry and ran away. The Vigilance cell Officials tried to apprehend you and the driver but in vain. The Vigilance cell Officials inspec

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