HARIBHAI CHANABHAI PARGHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of the present petition, the detenu has challenged the order of detention dated 05.06.2012 (Annexure 'A'), passed by respondent No. 2, 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 foodgrains like wheat and acting in any manner prejudicial to the maintenance of supplies of essential commodities essential to the community.

(2.) IT is alleged against the detenu that he is a licence holder from the Government to run a fair price shop and is running the shop at Village Bordisamdhiyala in the name of Bordisamdhiyala Sewa Sahkari Mandali. As per the information received by the Deputy Mamlatdar of Jetpur, he visited the shop and found that he was indulging in activities contrary to the conditions than provided in the licence itself. Several irregularities were found and ultimately the Authority, who found that to restrain the detenu is under the Provision of Black Marketing and Maintenance of Supplies of Essential Commodities Act was necessary and accordingly the order under Section 3 of the said Act came to be passed by the District Magistrate on 5.6.2012.

(3.) MR . MR Molavi, learned advocate appearing on behalf of petitioner has submitted that though the representation addressed to the State Government as well as Central Government was sent on 14.06.2012, till date the Central Government has not decided this representation and therefore, the detention order may be quashed.