TMI Blog1974 (2) TMI 78X X X X Extracts X X X X X X X X Extracts X X X X ..... aintenance of Supplies and Services essential to the community. 2. The grounds on which the order was passed are as follows: (1) On 3-8-71 at about 18. 45 hours, you and your associates K. Mali, Baidyanath Sddhukhan and others were found by Watcher constable 1609 Bipad Bhanjan Burman and Watcher Constable 1368 Anath Bandhu Karmakar of Howrah D.E.B., who were on plain cloth duty to unload 5 bags of rice from lorry No. WBL 366 on Netaji Subhas Road near Allahabad Bank under Howrah P.S. and to dispose of the stock forthwith to the retailers of Nabakumar Nandy Lan @ ₹ 1.60 paise per k.g. As a result of this unloading 306 kgs. of rice were received short at the destination. You and your associates by your such activities of remova ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom the F.G.I. account are highly prejudicial in the interest of maintenance of proper supply and service of essential commodities to the community. 3. The petitioner bad an opportunity to make a representation to the Advisory Board. In due course the detention order was confirmed by the State Government on 30.5.1972 and communicated to him on 1-6-1972. 4. Several objections were raised to the detention order. But it is not necessary to deal with all of them because the petitioner is bound to succeed on the ground that it does not appear that the District Magistrate could have been, in the circumstances of the case, reasonably satisfied that it was necessary to order the detention of the petitioner with a view to preventing him from a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... foodgrains. It is not explained why there was such a long delay in passing the order. The District Magistrate appears almost to have passed an order of conviction and sentence for offences committed about 7 months earlier. The authorities concerned must have due regard to the object with which the order is passed, and if the object was to prevent disruption of supplies of foodgrains one should think that prompt action in such matters should be taken as soon as incidents like those which are referred to in the grounds have taken place. In our opinion the order of detention is invalid. 6. We have already passed orders after the conclusion of the hearing of the case that the petitioner should be released forthwith and we are now merely givi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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