KANTABEN BHIKHUBHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of the present petition under Article 226 of the Constitution of India, the petitioner has challenged the detention Order bearing No.DTN-ECA-Case No.3/2012 dated 30/03/2012 passed by the respondent No.2 herein ­ District Magistrate, Rajkot District, in exercise of powers under Section 3(2) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980, by which he has been detained with a view to preventing him from acting in prejudicial manner to the maintenance of supplies of the essential commodities to the community.

(2.) THE brief facts of the case, are as under:

(3.) ON the other hand, learned AGP Ms.Amita Shah, has opposed this petition and submitted that the High Court while exercising the power under Article 226 of the Constitution could not sit over the findings of the Detaining Authority and evaluate the same. She has further submitted that considering the grounds of detention, it appears that the petitioner had indulged in such activities which is prejudicial to the maintenance of supplies of essential commodities. She therefore urged that the petition deserves to be dismissed.