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1984 Supreme(All) 545

S.I.JAFRI, A.S.SRIVASTAVA
OM PRAKASH AGARWAL – Appellant
Versus
STATE – Respondent


Advocates Appeared:
N.K.Chaturvedi

A. S. SRIVASTAVA. J.

( 1 ) BY this petition, under Art. 226 of the Constitution of India, Om Prakash Agarwal (hereinafter referred to as the detenu) questions the validity of his continued detention by an order dated 2-8-1984 of the District Magistrate, Agra, passed under S. 3 (1) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (hereinafter referred to as the Act ).

( 2 ) THE detenu, a resident of 4/108, Kutchery Ghat, Agra and a retail dealer in non-levy cement, is carrying on his business in premises No. 37/105, Nagla Padi, Saran Nagar, Agra, under a licence granted to him under the U. P. Cement Control Order, 1973 for carrying on this business at 86/6, New Agra. It was discovered in an inspection of the said two premises made by raiding party consisting of the Additional District Magistrate (Civil Supplies), District Supply Officer, Senior Marketing Inspector and two public witnesses. During the inspection it was also found that the detenu was not only carrying on his business at a premises other than the place mentioned in his licence but was committing several irregularities. For example, 39 original cash memos purported to h





















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