TMI Blog1987 (11) TMI 393X X X X Extracts X X X X X X X X Extracts X X X X ..... d on the detenu for making the detention order dated 15.3.1987 allege that he (the detenu Madhava Rao) undertakes contract works of various types under South Central Railway (SCR) and indulged in clandestine business of diversion of levy cement meant for use in the Masonry Ballast Wall along with the railway track on the suburban section between Kachiguda and Falaknuma Railway Stations, and thus acted in a manner prejudicial to the maintenance of supplies of cement, an essential commodity. The facts mentioned are, that on receipt of an information on 18.12.1987 that levy cement was being transferred into non-levy cement bags for its diversion to works not intended, the Inspector of Police, Vigilance Cell with his staff made a surprise visit in presence of witnesses at about 1 p.m. the same day, to the site of a private building under construction, and found the information passed on to him to be correct. On inquiry it was discovered that a house belonging to one Smt. Mahati Singh, daughter of Y. Krishna Murthy, Divisional Railway Manager, was under construction under the supervision of the detenu, and the levy cement transferred into non-levy cement bags, was being stored in a near ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g in a manner prejudicial to the maintenance of supplies of cement. The order was later confirmed by the Advisory Board. 4. The detenu filed his first representation on the 20th of May 1987 which was rejected by the State Government as also the Advisory Board later. In the meantime a writ application being W.P. No. 6636 of 1987 was filed before the High Court on 1.6.1987 challenging the detention order. The Writ Petition in this Court was filed on 13.7.1987. 5. A second representation on behalf of the detenu was filed by his cousin P. Lakshmana Rao on 5.6.1987, in which a prayer was made for revocation of the detention order. It was been contended on behalf of the petitioner that it was the duty of the Central Government to consider and dispose of this representation promptly which was not done. It is said that the representation remained unattended, until the State Government reminded the Central Government in this regard after filing of the present writ petition and it was only then that the Central Government rejected the same on 2.9.1987. The reply is that by this representation the detenu's cousin merely reiterated the points already taken in the first representation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ava Rao and James were absconding since the date of commission of the offence. In the next letter dated 1.1.1987 they were again described as absconding. The copy of the diary Part-I dated 12.1.1987 states that nobody was supplying the whereabouts of Madhava Rao. Similarly the diary dated 15.1.1987 mentions that Madhava Rao contractor was absconding and his employees were also not available. The search for the absconding persons was being continued throughout February and March 1987 till the detenu was arrested as is fully supported by the case diary of later dates. In the meantime two applications for anticipatory bail were filed one after the other on behalf of Madhava Rao before the the criminal Court and it is true that the orders passed thereon did not state that the accused was absconding, but for that reason the diary of various dates mentioning the fact cannot be ignored and it is not legitimate to claim that Madhava Rao was not absconding. We repeatedly asked learned counsel for the petitioner to show any material indicating that the detenu was present on any date before the criminal Court or was available to the police but it was conceded that there was no such document. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gar (A.P.) Portland Pozzolana Cement as stated in the Panchnama (page 82 of the paperbook of the Writ Petition) was found by the police, it must be assumed that the levy cement which was being transferred to empty bags was not the same which was issued to the detenu. Learned Advocate General, appearing for the respondent State, replied that there was sufficient material on the records of the case on the basis of which the detaining authority could have legitimately assumed that the cement in question was part of the cement issued to Madhava Rao. Before examining the point urged on behalf of the petitioner on merits, it must be pointed out that this Court while considering petitioner's writ application is not sitting in appeal over the detention order, and it is not for us to go into and assess the probative value of the evidence available to the detaining authority. Of course, a detention order not supported by any evidence may have to be quashed, but that is not the position here. There was clearly sufficient material before the District Magistrate to justify the forming of his opinion as stated earlier. The question was not raised in the writ petition filed before the High C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... age 786 in Haradhan Saha and another v. The State of West Bangal and others, [1975] 1 SCR 778 and those in paragraph 9 of the Judgment in Sat Pal v. The State of Punjab, 1982 1 SCC 12. It is true that such a power coupled with the duty exists but the duty to exercise it arises only where new and relevant facts and circumstances come to light. This was not so here, and as observed in para 13 of the Judgment in State of Uttar Pradesh v. Zavad Zama Khan, [1984] 3 SCC 505, there is no right in favour of the detenu to get his successive representations based on the same grounds rejected earlier to be formally disposed of again. In any event no period of limitation is fixed for disposal of an application under Section 14 and as we have seen earlier the second representation filed by Lakshamana Rao indeed, was considered and rejected. 10. On behalf of the petitioner it was next contended that the fact that both Krishna Murthy and Smt. Mahati Singh had retracted their alleged statements before the police implicating Madhava Rao and the order in the criminal case granting bail to the detenu conditionally, were not placed before the detaining authority which has vitiated the detention ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pon which the subjective satisfaction of the detaining authority could be based. It appears from the grounds, i.e., the facts set out that the detenu had made a statement admitting that he had diverted 600 bags of levy cement issued to him for use in the masonry ballast wall along the railway track and therefore the District Magistrate was justified in coming to the conclusion that he (the detenu) was acting in a manner prejudicial to the maintenance of supplies of the commodity essential to the community. The three decisions in Asha Devi v. K. Shiveraj, Addl. Chief Secretary to the Government of Gujarat and another, [1979] 2 SCR 215; Mohd. Shakeel Wahid Ahmed v. State of Maharashtra and others, [1983] 2 SCR 614 and Kurjibhai Dhanjibhai Patel v. State of Gujarat, [1985] 1 Scale 964 were cases where there was failure on the part of the sponsoring authority in not furnishing the relevant material to the detaining authority which was a vitiating factor. This Court had occasion to deal with them in Pushpadevi M. Jatia v. M.L. Wadhawan, Additional Secretary, Government of India and others, [1987] 3 SCC 367 in para 12 of its judgment. These decisions proceed on the well settled principle ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
