GEHRILAL UDAJI KHATIK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of the present petition, the detenue has challenged the order of detention dated 05/10/2012, passed by respondent No.2, District Magistrate, Navsari, 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 .Harshad Prajapati, learned Advocate, appearing on behalf of petitioner has submitted that the petitioner detenue, while he was under detention, made representations to the State Government as well as Central Government on 10.10.2012, The Detaining Authority, in fact, received the representation on 18.10.2012, but the same was decided only on 22.10.2012. He further submitted that, though, the representation was sent to the Central Government which was also not decided as expeditiously as possible. He, therefore, submitted that there is delay in deciding the representations 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.