HIRABHAI KALUBHAI VIRVAD Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) THIS petition is directed against the order of detention dated 10.02.2012 passed by respondent No.1, in exercise of powers conferred under Section 3 of The Prevention of Black Marketing and Maintenance of Supply of Essential Commodities Act, 1980 (in short 'the Act').

(2.) LEARNED Advocate for the detenue submits that registration of the FIR itself cannot lead to disturbance of even tempo of public life and therefore the public order. He further submits that, except the FIR registered under the Bombay Prohibition Act, there was no other material before the detaining authority whereby it could be inferred reasonably that the detenue is required to be detained as the detenue activities are prejudicial to the maintenance of public health and public order. LEARNED Advocate also submits that the representation of the detenue was not forwarded by the District Magistrate to the Central and the State Government and besides, the documents supplied are illegible. In support of the above submission, learned Counsel for the detenue has placed reliance on judgment of this Court in the case of Harishchandrasinh Ajitsinh Jadeja V. State of Gujarat reported in 2002 (2) GCD (UJ) 103 and also the decision of this Court in the case of Naranbhai Kalyanbhai Walla v. State of Gujarat in Special Civil Application No.7620/1999 and also the recent judgment dated 28.03.2011 passed by the Division Bench of this Court (Coram : S.K. Mukhopadhaya C.J. and J.B. Pardiwala, J.) in Letters Patent Appeal No.2732 of 2010 in Special Civil Application No.9492 of 2010 (Aartiben vs. Commissioner of Police) which would squarely help the detenue.

(3.) IN the result, the petition is allowed. The order of detention dated 10.01.2012 is quashed and set aside, if not revoked. The detenue, is ordered to be set at liberty forthwith, if not required in connection with any other case. Rule is made absolute, accordingly. Direct Service is permitted.