DINESHKUMAR BECHARBHAI BELDAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the detenu has challenged the order of District Magistrate, Panchmahals, Godhra dated 09.6.2010 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 on 26.3.2010, inspection of the fair price shop of the detenu was carried out by the Authority and he was found to be involved in the unauthorized activity of selling wheat and sugar. Therefore, the detenu came to be detained by the Authority vide impugned order.

(3.) Learned Advocate for the detenu has invited my attention to the order of detention dated 9.6.2010 and the grounds stated therein. Learned Advocate has contended that there was no material before the detaining authority except couple of statements recorded and relied on which can be said to be sufficient material to detain the petitioner in the commission of the offence. He has further submitted that the detaining authority has mechanically passed the order without proper application of mind.