DALPATBHAI BHIKHABHAI PATEL Vs. DISTRICT MAGISTRATE SURAT

JUDGEMENT

(1.) The petitioner has been detained by the first respondent (District Magistrate Surat) in exercise of the powers conferred by sub-sec. (2) of sec. 3 of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act 1980 (herein after referred to as the Act) upon being satisfied that the detention was necessary with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community. The order of detention Annexure A is dated 10-9-1982. Pursuant to the said order the petitioner was detained on the same day. The grounds of detention Annexure B dated 10-9-1982 were served upon the petitioner soon after he was detained. The petitioner made two representations to the second respondent (State of Gujarat). The first representation was received by the said respondent on 22/09/1982 and the second on the next day i.e. on 23/09/1982 The State Government rejected both the representations on 29/09/1982 and communicated the rejection to the petitioner on 30/09/1982 Meanwhile on 20/09/1982 the second respondent approved the order of detention under sub-sec. (3) of sec. 3 of the Act and it made a report to the Central Government under sub-sec. (4) of sec. 3 of the Act on 23/09/1982.

(2.) The present petition was instituted on 24/09/1982 It was posted for preliminary hearing on 27/09/1982 Rule was issued on the petition on the same day and it was made returnable on 11/10/1982 The petition reached hearing yesterday and its hearing having concluded today it is being disposed of by this judgment.

(3.) The petitioner is a Government servant holding the post of Assistant Engineer in the Irrigation Department of the State Government At the material time he was discharging duties as Assistant Engineer Jhuj Head Works Division no. 1 at Vansda District Bulsar. One Ramanlal Ramjibhai Parmar who too has been detained and whose detention is under challenge in a companion matter (Special Criminal Application no. 1399 of 1982) was also discharging duties as Assistant Engineer alongwith the petitioner at Jhuj Head Works Division No. 1 Vansda. Large quantities of cement used to be indented for the irriga- tion project in question and the petitioner as well as the co-detenu Parmar were closely connected with the disbursement and/or utilisation of such cement. On the allegation that the petitioner and the co-detenue Parmar in collusion with each other were disposing of in black market the cement received for the irrigation project through the intervening agency of one Yusufbhai Mahamud Hafezi of Bardoli (who is also detained and whose detention is under challenge in a companion matter viz. Special Criminal Application no. 1438 of 1982) and were supplying the cement to a building contractor named Omprakash Gulabchand Varma alias Homjibhai Contractor (who also has been detained and whose detention is under challenge in a companion matter viz. Special Criminal Application no. 1417 of 1982) the petitioner was detained under the impugned order.