IMPORTANT POINT
A permit holder disposing of levy cement in any manner otherwise than that specified in the permit and also persons who instigated the contravention of the provisions contained therein and thereby committing offence under section 8 of Essential Commodities Act, can be detained under section 3(1) of the Act. But power to detain cannot be extended to other persons who may be technically guilty of disposing of the levy cement without the necessary knowledge that it is levy cement.

JUDGMENT

Anjaneyulu, J. - The order of detention passed by the District Magistrate, Warangal, detaining Sri Yathamsetty Srinivas Rao, (hereinafter referred to as 'the detenu') under Section 3 (2) (a) read with S. 3 (1) of the Prevention of Black-Marketing and Maintenance of Supplies of Essential Commodities Act 1980 (for short 'the Act') is assailed in this writ petition. When the matter came up for hearing before a Division Bench consisting of My Lord The Chief Justice and Lakshmana Rao J., counsel for the petitioner Sri C Padmanabha Reddy, submitted that the decision of a Division Bench of this Court in WP No. 13884/85 dated 27-12-1985 requires re-consideration. In the aforesaid judgment the Division Bench held that Clause 13 of the AP Levy Cement Distribution (Licensing and Regulation) Order 1982 (hereinafter referred to as the Levy Cement Distribution Order would be contravened, if any person aids and abets the illegal disposal of levy cement. According to the learned Counsel for the petitioner the contravention is referable only to a "permit holder" of the cement and not to a person other than the permit bolder. The Division Bench felt that the question raised by the learned Counsel for the petitioner is important and as it frequently arises for consideration the matter should be considered by a Full Bench. That is how the matter is placed before us.

2. The relevant facts resulting in the passing of the afore-mentioned order of detention by the District Magistrate, Warangal may be referred to.

3. The work relating to the construction of double lane road-bridge at K.M 11.212 of IR of DMB 31 of Kakatiya Canal was given on contract to one Seelam Komuraiah on 15-2-84. The amount of contract is Rs. 1,01,152/- and the Irrigation Department had to supply the required cement for the purpose of construction of the bridge. The detenu was managing the aforesaid work on behalf of the contractor with the assistance of one Sangala Mallaiah. On receipt of information that the detenu was diverting levy cement supplied by the Department for use by a private party the Inspector of Police, Vigilance Cell (Civil Supplies) Department, kept a vigil. At about 4 AM on 29-1-86, a lorry bearing No APH 914, of which the detenu was the owner, loaded with 170 bags of ACC levy cement reached the site of construction of a building in Baba Nagar Colony, Subedari Post Office, Hanamkonda and was stopped. The Inspector checked the lorry. One Immadi Koti was driving the lorry. Sangala Mallaih, who was laid to be assisting the detenu in the construction and K. Rajasekhar, works Inspector of the Irrigation Department, a public servant, were sitting in the front cabin of the lorry along with the driver. Another person by name. A Shekaraiah was also in the lorry. He is reported to have escaped under - cover of darkness. On being interrogated Mallaiah and Rajasekhar stated that on instruction from the detenu 300 bags of ACC levy cement was lifted from the Irrigation Department, Civil Stores, Chinragattu Camp, Hanamkonda, to be transported to the official canal site god own situated near the 'Gude-Pahad’. Cross-roads for use in the construction of the bridge. The 300 bags of levy cement so lifted was, in the first instance unloaded at the premises of Bbaiyalakshmi Timher Depot Warangal. Out of the 300 bags, 130 bags were transported and kept in the Municipal Park and the remaining 170 bags of levy cement was transported to the site of the construction of a building situated at Baba Nagar Colony, Subedari Post Office, Hanamkonda. They further stated that the 170 bags of levy cement was transported under instruction from the detenu in his-above referred lorry. Immediately the driver Mallaiah and Rajesekhar were arrested and a case was registered in Cr No. 4 and Investigation was taken up by the Inspector, Vigilance Cell, Civil Supplies Department Warangal. The lorry was seized on 29-1-86 in the presence of two Panchas. The Inspector also seized the 130 bags of levy