BHANVARLAL MOGCHAND JAIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner is the detenu detained under the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 on 9.9.2010 by the order passed by District Magistrate, Ahmedabad on the same date.

(2.) By this petition, the detention is challenged mainly on three grounds. The first is that representation dated 13.9.2010 made to the Central Government is not considered till date. That has affected the detenu's right of audience. The second ground is that the grounds of detention refer to offence registered against the detenu vide CR No.II-3240 of 2010 dated 4.9.2010, but does not refer to the factum of arrest of the detenu and his subsequent release on bail. The third ground is that the detaining authority has in his grounds of detention observed that the detenu is likely to indulge in similar activities without considering the fact that the licence of the detenu was suspended much prior to the registration of offence on 4.9.2010 and, therefore, there was no chance of the detenu indulging in similar activities and, therefore, there is non-application of mind.

(3.) Learned advocate Mr Thakkar for the petitioner has reiterated the above stated three grounds. Learned AGP Mr Shah and learned Central Government Counsel Mr Shaikh have opposed the petition.