LexJAGDISH PRASAD versus THE STATE OF BIHAR AND ANOTHER
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
.A
B
·C
D
E
F
G
H
JAGDJSH PRASAD
v.
THE STATE OF BIHAR AND ANOTHER
February 13, 1974
[V. R. KRISHNA IYER AND R. S. SARKAR!A, JJ.]
369
Mainte11a11ce of Inrernat Security Act 1971, Sec. 3(1) (a) {iii)-Order of
detentiori under sec. 3( I) (a) (iii)-Grou11ds-Mai11tenance of Supplies a11d Ser ..
vices essential to the community-Legality of order.
·
Words and phrases "Supplies and Services"
meaning of-Constitution of
India, Art. 32-Practice-Petilion for habeas corpus-Return to Rule Nisi.
A/fidavit-011 behalf of State-Who should file.
The petitioner, a licensed wholesale dealer, was detained pursuant to an
order passed u/s 33 of the Act by the District J.Iagistrate, Ranchi for his anti-
social activity prejudicial to the maintenance of supplies and services essential to
the community. The particulars of the grounds supplied to him u/s 8 stated
that he was found secretly transporting 50 bags of rice in his truck at mid-night
contrary to the conditions of bis wholesaler's licence and that, when caught red
banded, he gave false excuses and imaginary numbers of licence dealers, some
of whom on verification had no current licence and all of whom disowned the
alleged purchases. The petitioner challenged the validity of the order by a peti-
tion for habeas corpus. The affidavit in return filed by the State was sworn by
an Upper Division Assistant (Special) Home Department. In that affidavit the
words "and services" after "maintenance of supplies", were struck off.
The petitioner raised two contentions before this Court : (i}
The Distric&
Ma~istrate was uncertain whether he was detaining the petitioner to prevent dis-
ruption of maintenance of supplies or services essential to the life of the com-
munity and such a mindless order was bad in law.
(ii) Supplies and Services
are two distinct concepts and though services being disrupted was one of the
precise reasons for the detention, no particulars which would make out that
ground, apart from the distinct ground of preventing supplies, had been given;
l;1erefore, the order was illegal.
Dismissing the petition held :
I. The District Magistrate when passing an order of detention u/s 3 of the
Act bas to be fair and clear and not doubtful abrfit why he is detaining the man.
"Either or" ill fits into s. 3,
Not so, when it 1s cumulative. A man may be
detained on grounds A and B but not A or B. In the present case, illicit trans-
port of food grains in the still secrecy of night. by one whose business licence does
not permit it and who gives false explanation when confronted does indulge in
an activity with impact on supplies and services. Supplies and stocks if hijacked
by wholesalers upsets the delicate control scheme. So also transport and deli-
very to each centre according to its requirements is thrown out of gear by these
private operations. For example, Bihar hopping harrowingly from drought to
floods, .can ill-afford to have the wheels of distribution, of which supplies and
serviCes are two facets, wobble or break down. Therefore, the order of deten-
tiol}, cannot be held to bad in economics of law. [373 D, 377 H]
Ra111eshwar Lal v. State of Billar [19.68] 2 S.C.R. 505 and Prabhu Dayal v.
District Magistrate, Kamrup, W.P. No. 1946 of 1973 dated October 11, 1973,
referred to.
H. Jn interpreting expressions such as "supplies and services" basically the
statutory
subjects
matter
colours
the
concept. The
complex needs and
amenities of modern life and the multifarious obligations of a welfare state
mingle supplies and services. For example, an essential commodity is at once
..a supply and a service. The touchstone of social control is that it must be a
370
SUPREME COURT REPORTS
[ 19741 3 S.C.K.
th!ne essential f\lr the e;x:is~ence of the community; when crystallised it is sup-
phes, wh.en subh~ated 1t 1s services. lt depends in most cases on the angle
from which you view and the lens you use. There can be no dichotomy
bet-
~een "supplies and services" in the special context of a State being called upon
1n an emergency to supply that primary necessity of existence, viz.., food, which
is perhaps the basic service which Government must render to the people.
In
the present case, the allegation is of nocturnal, illegal rice transport intercepted
by officials and no vialence is done to language to describe that activity as pre-
judicial to supplies a •1d services.
Rushing food supplies to a nation ;n hunger
is a compExcerpt shown. Read the full judgment & AI analysis in Lexace.