MERAMBHAI ARJANBHAI LOKHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this Special Civil Application under Article 226 of the Constitution of India, the present petitioner has challenged the order of detention dated 30.3.2012 (Annexure 'A'), passed by the District Magistrate, Rajkot, in exercise of powers conferred under sub-section (2) of section 3 of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (for short, 'the Act') with a view to prevent the petitioner from black marketing essential commodities like Liquid Petroleum Gas Cylinder ('LPG Cylinder') and acting in any manner prejudicial to the maintenance of supplies of essential commodities essential to the community.

(2.) THE petitioner-detenu is residing in Rajkot and he was serving as delivery-man in Dhara Gas Agency, Rajkot. Upon prior information, raid was conducted on 6.3.2012 by Officers of Rajkot District Supply Department to the house of the petitioner. In the house of the petitioner as well as in the neighbouring house of one Kaushikbhai, 15 gas cylinders came to be found out. Those LPG Cylinders were meant for domestic purpose, but the gas contained in those cylinders was transmitted to other cylinders, and those cylinders were sold for commercial purpose. Pursuant to said incident, an FIR came to be registered against the petitioner and others on 17.3.2012 being C.R.No.22 of 2012 with Malaviyanagar police station, Rajkot. Pursuant to said FIR, the petitioner was arrested on 28.3.2012 and before he could move for bail, a proposal was made on 29.3.2012 for detention and the detention order came to be passed on 30.3.2012. It is stated in the detention order that before the petitioner gets bail or before he moves concerned Court for stay order, the detention order was passed.

(3.) MS.Pathak, learned AGP for respondents No.1,2 and 3 took me through the detention order dated 30.3.2012 passed by respondent No.2 � District Magistrate, Rajkot and submitted that the order is perfectly legal and valid. My attention was also drawn to a notification issued by the Deputy Secretary, Food and Supplies Department of the State Government dated 10.12.2001 and submitted that the representation was outright time-barred and, hence, rightly rejected.