JUDGMENT

V.K. Khanna, J. -In this writ petition the petitioner (in jail) has challenged the order dated 15-12-1983 passed by the District Magistrate, Allahabad under section 3(1) of the Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, t 980 (hereinafter referred to as "the Act").

1. 2. The brief facts for the purposes of deciding the present petition are that on 9-12-1983 the District Supply Officer, Allahabad lodged a first information report against the petitioner for committing an offence for the contravention of the provisions of U.P. Cement Control Order (as amended from time to time). According to the first information report, on receiving information that the petitioner had illegally stored cement and was, selling the same in black-market, the District Supply officer along with other officers of that Department reached at the shop of the petitioner where it was alleged that he had stored cement. The petitioner was said to be present at his shop and is said to have admitted on enquiry that he used to sell cement. At the time of inspection the shop was found locked and the petitioner was asked to open the locks. On his refusal to open the