JIGNESH @ MUNNABHAI RAJNIBHAI CHOTAI Vs. DISTRICT MAGISTRATE RAJKOT

JUDGEMENT

(1.) BY way of the present petition under Articles 19, 21, 22 and 226 of the Constitution of India, the detenue has challenged the order of detention dated 19/10/2012, passed by respondent No.1, 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 ('the Act' for short ) with a view to preventing the petitioner from acting in any manner prejudicial to the maintenance of supplies of essential commodities essential to the community.

(2.) THE brief facts emerging from the record are as under:

(3.) MR . Pravin Gondaliya, learned Advocate, appearing on behalf of petitioner has submitted that the petitioner ­ detenue, while he was under detention, made separate representations to the State Government as well as Central Government. The Detaining Authority, in fact, received the representation but the same was not yet decided by the State Government. He further submitted that, though, the representation was sent to the Central Government which was also not decided. He, therefore, submitted that there is delay in deciding the representation by the Detaining Authority as well as by the Central Government and therefore, the continuation of detention becomes illegal and impermissible as per catena of decisions rendered by the Hon'ble Apex Court and requested that the detention order may kindly be quashed and set aside the petitioner ­ detenue may kindly be released forthwith.