SHANABHAI BABARBHAI MAKVANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Articles 14, 21 and 226 of the Constitution of India, the petitioner has challenged the order bearing No.DTN/PBM/SR/18/2012 dated 12/06/2012 passed by respondent No.2 herein - District Magistrate, Vadodara, 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 on several grounds with a view to preventing him from acting in prejudicial manner to the maintenance of supplies of the commodities essential to the community.

(2.) IT is the case of the petitioner ­ detenue that the petitioner holds licence for fair price shop and permitted to distribute kerosene to the ration card holders. It is the case of the petitioner that Authority has passed the impugned order relying upon the statement of Ghanshyambhai Dineshbhai, who is Driver of the Tempo, having registration No.GJ-13-W- 782 that the petitioner along with his son Ashish had handed over 220 Ltrs. of kerosene to transport the same at different Villages, for which, the petitioner had been granted licence to distribute the same. Relying upon the statement of the Driver, the impugned order has been passed by the Authority without any other materials except the statement of the Driver.

(3.) ON the other hand, learned Assistant Government Pleader Mr.Devang Dave, has opposed this petition and submitted that considering the grounds of detention, it appears that the petitioner had indulged in such activities which is prejudicial to maintenance of supplies of essential commodities and particularly kerosene, for which, he is given licence to distribute kerosene to the members of the lower strata of Society. It was further argued that because of FIR is lodged, the authority has not barred from passing the detention order under the preventive detention law. An affidavit has been filed by the Collector, Vadodara opposing the present petition.