MAHESHBHAI BANSILAL TILAWAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule, returnable forthwith. Learned Assistant Government Pleader waives service of notice of rule for and on behalf of the respondent ?State.

(2.) Inspection of the premises of the detenue was carried out by the competent Authority and the detenue was found to be involved in unauthorized activity of selling essential goods. Thereafter, the detenue came to be detained by the Authority vide impugned order.

(3.) It is also submitted that petitioner is not connected black with marketing of essential commodities. It is further submitted that the detaining authority has not forwarded the report and the facts to the State Government and merely on assumption and presumption without considering any material on record, the detention order was passed which has rendered the continued detention illegal. Learned advocate for the petitioner has also relied on the case of Rajindra v/s. Commissioner of Police, Nagpur Division reported in 1994 Suppl (2) SCC 716 in support of above submission.