LAWS(GJH)-2011-9-335

MAHESHBHAI BHANUBHAI THAVANI Vs. DISTRICT MAGISTRATE AND ORS

Decided On September 16, 2011
Maheshbhai Bhanubhai Thavani Appellant
V/S
District Magistrate And Ors Respondents

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India read with Sections 14, 21, and 22 is preferred challenging the legality and validity of the order of detention dated 04th June, 2011 passed by respondent No.1 District Magistrate, Amreli, in exercise of powers conferred under the Prevention of Black Marketing and Maintenance of Supply of Essential Commodities Act, 1980 ( PBM Act for short) as being invalid, null and void and violative of Articles 14, 21 and 22 of the Constitution of India.

(2.) CONSIDERING the law laid down by the Hon'ble Apex Court as referred above, I deem it just and proper to quash and set aside the impugned order dated 04th June, 2011 passed by the authority.

(3.) IN view of above, the petition is allowed with no order as to costs. The petitioner detenue is hereby ordered to be set at liberty forthwith, if not required in connection with any other case. Rule is made absolute accordingly.