PRAMODKUMAR NATVARLAL MODI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition is filed challenging the order dated 12th July 2002 passed by the detaining authority-- the District Magistrate, Surat under the provisions of Prevention of Black Marketing & Maintenance of Supplies of Essential Commodities Act, 1980 (hereinafter referred to as "the Act"). A copy of the said order dated 12.7.2002 is at Annexure 'A' and the grounds in support of the said order are produced at Annexure 'B' to the petition. The grounds run into as many as 34 pages, the documents in support thereof run into 1835 pages. The index of 1835 pages along with description of the documents is supplied which itself runs into 24 pages. The reason behind mentioning the number of pages totalling to 34 + 1835 + 24 is to highly the total amount spent in passing this one single detention order, besides innumerable man hours which are spent by the staff working under the detaining authority. Before the District Magistrate passes an order of detention, a proposal is put forward by the District Supplies Officer. He is assisted by Chief Supply Inspector who in turn is assisted by the Supply Inspectors. In the present case the order of detention is dated 12th July 2002 and as is stated in the grounds the order of detention was required to be passed against the detenu, the petitioner herein, because he was found to be an obstacle in the system, under which people living below poverty line, abbreviated as 'BPL' are supplied wheat, rice, sugar and kerosene (blue), the essential commodities, particularly for this strata of the society which does not get even two square meals a day. It is mentioned in the grounds of detention that this order was required to be passed so as to see that the petitioner detenu is restrained from continuing his activities, which are obstructing the supply of the aforesaid essential commodities. The nefarious activities of the petitioner detenu are enumerated in detail in the grounds of detention. The gist of the activities is that he siphons away the essential commodities which are otherwise meant to be distributed to this section of the society and earns profit. In the present case taking into consideration the communal riots in the State the Honourable the Prime Minister declared that the families belonging to the category of 'below poverty line' be supplied 9 KGs of wheat, 3.5 KGs of rice for the block of may 2002 to September 2002 and for the month of October 2002 5 KG of what and 2.5 KGs of rice, free of cost. The petitioner detenu having his shop in Katargam Zone of Surat city had 1279 ration cards of 'BPL' families.

(2.) There was a complaint received on 17.5.2002 from 'BPL' ration card holders -- in the zonal office that the shop keeper was not distributing the stock of wheat and rice free of cost and was asking for a sum of Rs.25=00 for such supply. The shop of the petitioner was inspected by the Supply Inspector along with the Zonal Officer during which certain irregularities were noticed and therefore, the stock of kerosene (blue) of 100 liters was seized. It was also noticed that though it was recorded that certain card holders were supplied the aforesaid grains, the same were not received by them.

(3.) The petitioner was also found to have indulged in serious irregularities of making applications for new computerised ration cards of his own though the ration card holders had abandoned on account of their leaving the area. The petitioner got issued new computerised cards and was showing the distribution of the essential commodities on such bogus ration cards. In the grounds of detention after recording all these details in paras 4.1 to 4.23 it is recorded in para 5 that in view of the contents of paras 4.1 to 4.23 the petitioner is found guilty of having made false bills, having deducted the stock of such bills from the stock register, has sold the same in black market. It is also recorded in para 5 that thus, the petitioner is found guilty of the breach of the provisions of the Gujarat Essential Commodities (Licence, Control & Stock Declaration) Order, 1981, the provisions of Essential Commodities Act, 1955 and also the provisions of The Kerosene (Restriction on Use & Fixation of Ceiling Price) Order, 1993. What is material for the purpose of this petition is that in the said para the detaining authority has referred to an order passed by the District Supply Officer, Surat bearing No.Enfo/ Register 266/ 02, 284/02 dated 6.7.2002 and has mentioned that by the aforesaid order the licence of the fair price shop of the petitioner is suspended for a period of 90 days. It is also mentioned that the aforesaid order is at pages 1589 to 1595 of the compilation. It is also important that the detaining authority has recorded that against the aforesaid order the petitioner detenu can approach the competent court and can obtain a stay order and can continue his nefarious activities and therefore, 'suspending the licence' is not sufficient.