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1971 Supreme(Gau) 43
ASSAM AND NAGALAND HIGH COURT
M.C. Pathak , P.K. Goswam, J.
DHIRENDRA CHANDRA DAS
VERSUS
DISTRICT MAGISTRATE, CACHAR AND OTHERS
Criminal Misc. Case No. 18 of 1971,
Decided on : November 18, 1971.
The grounds of detention must be specific and severable, and the invalidity of any one ground renders the entire detention order illegal.
Headnote:
MAINTENANCE OF INTERNAL SECURITY ACT, 1971 - SECTION 3(1)(A)(III) AND 3(2)(A) - DETENTION ORDER - VAGUENESS AND INDEFINITENESS OF GROUNDS - INVALIDITY OF ORDER.
Fact of the Case:
The petitioner, a partner in a firm that was the sole wholesale agent of various commodities in Silchar, was detained under the Maintenance of Internal Security Act, 1971, on the grounds that he had adopted unfair means to disturb regular supplies of these commodities, clandestinely distributed stock to unauthorized persons at higher rates, and kept concealed stocks to sell at exorbitant prices.
Finding of the Court:
The court found that the grounds of detention were vague and indefinite, as they did not provide specific instances of the petitioner's alleged unfair means or clandestine activities. The court also held that the grounds were not severable, and that the invalidity of any one ground rendered the entire detention order illegal.
Issues: Whether the grounds of detention were vague and indefinite, and whether the invalidity of any one ground rendered the entire detention order illegal.
Ratio Decidendi: The court held that the grounds of detention were vague and indefinite, as they did not provide specific instances of the petitioner's alleged unfair means or clandestine activities. The court also held that the grounds were not severable, and that the invalidity of any one ground rendered the entire detention order illegal. The court relied on the Supreme Court decisions in Dwaraka Dass Bhatia v. State of Jammu and Kashmir, Shibban Lal Saksena v. State of Uttar Pradesh, and Motilal Jain v. State of Bihar, which held that the grounds of detention must be specific and severable, and that the invalidity of any one ground renders the entire detention order illegal.
Final Decision: The court quashed the detention order as illegal.
Goswami, C.J. :- When this habeas corpus application came up for hearing on 15th November, 1971, after hearing the learned counsel for the petitioner and the learned Advocate-General. Assam we reached the conclusion that the order of detention could not be sustained and, therefore, released the petitioner from detention. We further observed that the reasons for the order would be given later on, and we give the same to-day.
2. The petitioner is one of the partners of M/s. Das Brothers and Co. a partnership firm carrying on business at Silchar for a number of years. The firm is the selling agent at Silchar of Indian Tobacco Company Ltd. and of other concerns. The firm is also one of the re-distribution stockists of Silchar town of Eveready Batteries the only distributor or the wholesale selling agent of the said products in the district of Cacher being M/s. Ramkrishna Das and Sons of Karimgani town who gets supply of Eveready batteries directly from the manufactures and in turn supplies the same to redistribution stockists as and when the supply is available from the manufacturers. The petitioner's firm. like other re-distribution stockists has to sell about 80 per cent of the supply to the various retailers at Silchar town as ear-marked by the distributor and only about 20 per cent of the supply has to be sold in the counter of the shop premises. in retail.
On 11th October, 1971 the petitioner was served with an order of the District Magistrate, Cachar, of the same date passed under Section 3(2)(a) read with Section 3(1)(a)(iii) of the Maintenance of Internal Security Act, 1971 (No. 26 of 1971). hereinafter called 'the Act and detained under it from the same date. The order may be quoted :
"Whereas I am satisfied with respect to the person known as Shri Dhirendra Chandra Das. son of late Krishna Chandra Das of Silchar Town, P.S. Silchar, District Cachar that with a view to preventing him from acting in a manner prejudicial to the maintenance of supplies and services essential to the community in the District Cachar, it is necessary to make the following orders :-
Now, therefore, in exercise of the powers conferred on me under Section 3(1)(a)(iii) of the Maintenance of Internal Security Act, 1971 (Act No. 26 of 1971). I, Sri K. S. Rao, I.A.S., District Magistrate, Cachar district to hereby direct that the said Sri Dhirendra Chandra Das be detained with immediate effect and until further orders at the Silchar Jail".
The grounds of detention were served on the petitioner on 14th October, 1971. These may be set out :
"(1) That the person known as Shri Dhirendra Chandra Das son of late Krishna Chandra Das of M/s. Das Brothers. Silchar being the sole wholesale Agent of Battery cells. Torch cells. Gold Flake cigarettes. Wills Tobacco etc. had adopted unfair means to disturb regular supplies of these commodities essential to the life of the community.
(2) That he being the Sole Agent he is expected to keep fairly adequate stocks for the consumption of the people whereas he clandestinely distributes the stock that he has obtained from the manufacturers to unauthorised persons at higher rates than that prescribed by the manufacturers and the customers do not get their requirements from his firm at the prices fixed by the manufacturers.
(3) That he has made an attempt to sell out the stocks that are available with him in a clandestine manner as evidenced by the fact that on 9th October, 1971 at about 6.30 p.m. one Shri K. S. Nath, Magistrate of Silchar wanted to purchase battery cells but the proprietor Shri Dhirendra Chandra Das told him that he had no stock of battery cells since long. But just before his visit to the shop, one Shri Jitesh Roy Choudhury purchased battery cells from this very shop. This proves that the firm has kept concealed stocks of battery cells with a view to selling them at exorbitant prices to the customers who are compelled to buy at the prices created by scarcity conditions built, up by the firms cland
