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TMI Blog1974 (11) TMI 108X X X X Extracts X X X X X X X X Extracts X X X X ..... ing which are causing havoc to the economy of the country and inflicting untold hardships on the common man and to carry on a relentless war against such economic offenders with a view to putting them out of action. But in the present case the attempt to curb this social menace has been frustrated and set at naught by want of due care and application on the part of the District Magistrate. We hope and trust that, in future, in view of the social objectives intended to be achieved by the use of the Act against economic offenders, the District Magistrates will show greater care and attention in exercising the vast powers conferred upon them under the Act, both in the interest of personal liberty which is one of our cherished freedoms as also in the interest of firm and effective action against those who are undermining the foundations of our social and economic structure. 2. The petitioner is a dealer in high speed diesel oil holdings licence under the Bihar Motor Spirit and High Speed Diesel Oil Dealers' Licensing Order, 1966. It appears that certain complaints were received against the petitioner from local truck owners that he was not supplying high speed diesel oil to them a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... That the said Mr. Griffths in his show cause submitted to the Sub-Divisional Magistrate Gumla and in his statement recorded by Executive Magistrate, has denied to have purchased 1200 litres of high speed diesel oil at a time at any time. 3. That thus it is quite apparent that by the said cash Memo No. 70996 no sale of the said oil was made and the said cash Memo was fabricated entirely with the object of disposing of 1200 litres of the said oil in a clandestine way in black market. 4. That he being the proprietor of M/s. Sahu Brothers Gumla supplied 300 litres of said oil in Truck No BR 662 on 26-2-74 and 300 litres to Truck No. MPL 5521 on 1-3-1974 and 400 litres in truck No. MPL 100S an 1-3-1974 350 litres to truck No. MPL 2135 on 1-3-74 and thereby he was not only aggravating the scarcity of essential commodity, i.e. the High Speed Diesel oil but also supplied more than 37 litres (eight Imperial gallons) of the said oil in tin or barrel to be kept or stored otherwise than in the tank of a motor vehicle without obtaining a written permission of the District Magistrate or the Sub-Divisional Magistrate authorising storage in contravention of Section 7 of the Bihar Motor Spirit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cash memos issued by the petitioner that the purchasers were fictitious persons. The petitioner urged that in the circumstances it was clear that this ground was based on a complete misapprehension of the correct situation and showed that the District Magistrate had totally failed to apply his mind and the subjective satisfaction of the District Magistrate based inter alia on this ground was, therefore, vitiated and it rendered the order of detention invalid. We think there is great force in this contention urged on behalf of the petitioner and the order of detention must on the basis of this contention alone be held to be bad. 5. The gravamen of the charge against the petitioner in ground No. 5 was that he supplied 762 litres of high speed diesel oil under several cash memos described in Schedule I to the grounds of detention without giving the names and addresses of the purchasers and this was not only in contravention of Clause (7) of the licence, but it also indicated that the supplies under these cash memos were made to fictitious persons. Now, it is true that Clause (7) of the licence issued to the petitioner provided that the licensee shall issue to every customer a correct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made the necessary inquiries for the purpose of satisfying himself in regard to the charge in ground No. 5, he would have immediately realised that not mentioning the names and addresses of the customers in the cash memos was no longer a breach of Clause (7) of the licence and it could not support an inference that the sales covered by the cash memos were to fictitious persons. But it appears that the District Magistrate mechanically subscribed to the grounds of detention without even caring to examine whether ground No. 5 was correct or not and proceeded to make the order of detention. We have tried to see whether we could, even by taking a liberal or indulgent view, sustain ground No. 5, but we find it impossible to do so. In fact the learned counsel appearing on behalf of the State frankly conceded that it was not possible for him to support this ground. If there is one principle more firmly established than any other in this field of jurisprudence, it is that even if one of the grounds or reasons which led to the subjective satisfaction of the detaining authority is non-existent or misconceived or irrelevant, the order of detention would be invalid and it would not avail the de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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