KAUSHIKBHAI NAGDANBHAI AHIR KASO 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 [LPG] 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. On 6/3/2012, upon prior information, concerned officers of Rajkot District Supply Department raided the house of the petitioner and 15 LPG cylinders came to be found from his house. It was further revealed that the LPG cylinders were meant for domestic purpose, but the gas contained in those cylinders were transmitted in commercial cylinders and the petitioner used to sell such gas for commercial purpose. It was further revealed that the gas cylinders were obtained from one gas agency named Dhara Gas Agency, Rajkot. An FIR was registered against the petitioner and others on 20/3/2012 in Malaviyanagar Police Station being CR No. 22/2012. The petitioner was arrested in connection with this offence on 28/3/2012 and thereafter he was released on bail by the competent authority. On 30/3/2012 the respondent no. 2 � District Magistrate, Rajkot passed the detention order.

(3.) MS Shruti Pathak, Ld. AGP for the respondent nos. 1 to 3 vehemently opposed this petition and submitted that the detention order dated 30/3/2012 passed by the respondent no. 2 District Magistrate, Rajkot is perfectly legal and valid. It is further submitted that the representation was promptly processed and there was no delay. My attention was drawn to a circular dated 10/12/2001 issued by the Deputy Secretary, Food and Supply Department of the State Government and submitted that as per the circular, the representation was received by the competent authority after 12 days and thus the representation was time barred.