MANGILAL NAVALJI CHAVALA Vs. STATE OF GUARAT

JUDGEMENT

(1.) By way of this petition, the detenu has challenged the order of District Magistrate, Navsari dated 23.10.2011 passed in exercise of powers under Section 3(2) of the Prevention of Black Marketing & Maintenance of Supplies of Essential Commodities Act, 1980 ("P.B.M. Act" for short) detaining him.

(2.) While assailing the above order, learned advocate for the petitioner emphatically relied on the main ground that the Central Government has not approved the order of detention passed by the detaining authority in stipulated period and the detaining Authority has mechanically exercised the powers conferred upon him under the Act. He has also contended that there was no material available with the Detaining Authority to indicate as to how the maintenance of supply of kerosene was disturbed in any manner. It is also submitted that petitioner was arrested on 01.11.2011 and he was released on 02.11.2011. It is also submitted that stock of kerosene was seized on 28.06.2011 and the order of detention is passed on 23.10.2011, therefore, there is unexplained delay of about four months in passing the impugned detention order. It is submitted that till date representation made by the petitioner is not decided by the State Government as well as the Central Government. Therefore, the order of detention is liable to be quashed and set aside.

(3.) Learned APP has opposed the petition of the petitioner. Learned advocate for the respondent No.4 - Union has opposed the contentions of the learned advocate for the detenu. He controverted all the allegations made by the learned advocate for the petitioner.