ISHWARBHAI BHIKHABHAI RATHVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition, the detenu has challenged the order of District Magistrate, Vadodara dated 21.12.2011 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 supplies of wheat was disturbed in any manner. It is submitted that stock of wheat was seized on 02.12.2011 whereas the impugned order of detention is passed on 21.12.2011 after 19 days. Detaining authority had no material to reach to subjective satisfaction that the stock seized was purchased from other fair price shop owners. Therefore, the order of detention is liable to be quashed and set aside.

(3.) 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.