( 1 ) BY this petition under Article 226 of the Constitution the petitioner Vinod Kumar has challenged the detention of his father Gopaldas Nagori who has been ordered to be detained vide order No. Q/ps/det 85 dated 27-7-85 (Ann 'a') passed by the District Magistrate, Indore the respondent No. 1 in exercise of the powers conferred upon him by sub-section (1) (b) (2) (a) of section 3 of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (for short the Act' ).

( 2 ) THE facts disclosed by the grounds of detention communicated to the detenu and the particulars mentioned in the schedule annexed thereto may be summarised as follows : The detenu is the proprietor of M/s Agrawal Industries Indore, Manager of M/s Usha Enterprises Indore and Attorney of Nagori Cement Private Ltd. Bagh district Dhar. M/s. Agrawal Industries are manufacturing Sagol and Murrum powder while Usha Enterprises are manufacturing Murrum powder. Sagol and Murrum are being packed in cement bags weighing 50 KG. and 40 KG. respectively. The colour of the cement and of the Sagol and Murrum powder is substantially similar. The cement produced by the M/s Nagori