MOHANBHAI KUTTY NAYAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the detenu has challenged the order of District Magistrate, Vadodara, dated 28.04.2010 passed in exercise of powers under Section 3(2) of the Prevention of Black Marketing & Maintenance of Supplies of Essential Commodities Act, 1980 (P.B.M. Act for short), detaining him.

(2.) The brief facts of the case are that the Authorities conducted inspection on 20.4.2010 at Baroda, which is owned by the detenu and during the course of inspection, the detenu was caught red handed by the Authority when the detenu was transforming liquefied petroleum gas from the gas cylinder to be used as fuel in a Maruti Esteem car No.GJ-6 Z 656. Therefore, the Authority had seized the said car, gas cylinders and electric motor, which were used by the detenu at the time of transforming liquefied petroleum gas from the gas cylinder. Therefore, the FIR was lodged before the City Police Station being I CR No.105 of 2010.

(3.) Learned Advocate Ms. Anushri Kapadia for Ms. Megha Jani, learned advocate for the detenu submitted that the order of the detention passed by the detaining Authority is not proper and just and the impugned order is passed without any material on record against the detenu. She submitted that the detenu has been falsely involved din the offence. Therefore, the order of the detention is required to be quashed and set aside.