ABDULRASID ABDULGANI SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Invoking the jurisdiction under Art. 226 of the Constitution of India-the petitioner detenu has prayed for appropriate writ direction or order and also to quash and set aside the order of detention dated 21.5.2002 passed by the District Magistrate, Kheda at Nadiad passed against the petitioner detenu in exercise of the powers conferred on him under Sec. 2(2) of the Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1985 (hereinafter referred to as thePBM Act).

(2.) Heard Mr. H.R. Prajapati learned Counsel for the petitioner-detenu, Mr. H.H. Patel learned AGP for the State of Gujarat and Ms. P.J. Davawala learned Addl. Standing Counsel for the Union of India. Mr. H.H. Patel tendered the affidavit-in-reply filed on behalf of Government of Gujarat and Ms. P.J. Davawala tendered the affidavit-in-reply submitted on behalf of Union of India. The affidavits-in-reply are taken on record.

(3.) The petitioner has assailed the legality and validity of the order of detention on various grounds mentioned in the memo of the petition and the same are respondent by the State Government and the Union of India by their respective affidavits.