NANDLAL NANALAL TAILEE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing this petition, the petitioner-detenu has challenged his detention order, by which the petitioner is detained under Section 3(2)(a) of the Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980. The said detention order is passed on 19.8.2002, and along with the detention order, the petitioner is also served with the grounds of detention.

(2.) As per the grounds mentioned, the petitioner, who is doing the business of selling kerosene, was found to have indulged himself in black-marketing of blue kerosene, which is an essential article and which is meant for distribution to people at a fixed rate. As per the grounds of detention, the petitioner, who is doing his business of white kerosene, was found dealing in blue kerosene business in an unauthorised manner and quantity of the said blue kerosene was also found from his residence. Quantity of 3900 litres of white kerosene was seized and was kept under seizure. Sample of kerosene was also taken and the same was sent for chemical analysis. After receiving the report from the Chemical Analyst, the petitioner was detained under the aforesaid detention order.

(3.) The said detention order is challenged by the petitioner mainly on two grounds, viz., (1) delay in deciding the representation by the authority; and (2) delay in passing the impugned order from the date of occurrence of the incident. So far as the delay in passing the detention order is concerned, it is not in dispute that the date of incident in question is 12.5.2002. On the said day, certain quantity of kerosene was seized from the petitioner. On that very day, the statement of the petitioner was also taken, and at the time of inspection, the petitioner has already admitted before the authority that he has illegally obtained the quantity of such kerosene and he had also admitted the fact that there is presence of blue colour in the aforesaid white kerosene. That part is also mentioned in the detention order. In spite of the aforeaid fact, the authority, ultimately waited for a long time and passed the detention order on 19.8.2002, even though the incident in question had taken place on 12th May, 2002.