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1974 Supreme(All) 156

C.D.PAREKH, K.N.SINGH
OM PRAKASH – Appellant
Versus
STATE OF U. P. – Respondent


JUDGEMENT

Parekh, J.:- This is a habeas corpus writ petition under Article 226 of the Constitution of India directed against the order of the District Magistrate, Meerut, dated 15-5-1974, whereby the petitioner was detained under sub-clause (iii) of clause (a) of Sub-Sec. (1) of S.3 of the Maintenance of Internal Security Act, 1971. The impugned order was passed because the District Magistrate was satisfied that it was necessary to do so with a view to prevent the petitioner from acting in any manner prejudicial to the maintenance of the supplies and services essential to the community. On 29th May, 1974, the grounds of detention were served on the petitioner under Section 8 of the said Act. Shorn of unnecessary wording of the grounds, the charge may be stated thus :-

(1) That on 29-8-1970 when the Senior Marketing Inspector visited the shop of the petitioners he found that there was no entry of 22 quintals and 10 kgs. of Tara Mira in the stock register and that 30 bags of groundnut were found in excess and thus the petitioner committed breach of Clause 8 of the U.P. Oil Seeds and Oil Seed Products Control (Amendment) Order 1967 and of condition No. 1 of the licence issued under the











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