AMANULLAH ABDULGANI MEMAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner seeks to challenge the detention order dated 04.10.2013 passed by the respondent No.2 in purported exercise of powers 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'), detaining the petitioner.

(2.) The petitioner has been taken into custody. The detaining authority has supplied the grounds of detention also. The order of detention and the grounds state that the petitioner can make representation to the Secretary, Advisory Board, Additional Secretary, Food and Civil Supply, Gandhinagar and Additional Secretary for Consumers and others and Public Distribution Department, New Delhi.

(3.) According to the petitioner, the petitioner is engaged in the business of transportation since many years and carried out transportation of various articles under the various schemes of the Government and presently, under the Door Step Delivery System, the petitioner is carrying on transport works at Navsari District and some parts of Valsad District. According to the petitioner, at no point of time, any irregularity or illegality was noticed against the petitioner. According to the petitioner, prior to the Door Step Delivery System, Fair Price Shop holders were to approach the Government godown for lifting the stock of essential articles, to hire vehicles for transportation and to bring the stock of essential articles at their shops. Under the new scheme, the Government decided to give door step delivery to Fair Price Shop holders at their shops only so as to make the public distribution system strong. Under the said system, petitioner's tender was accepted after following the procedure prescribed by the Government and by order dated 30.03.2013, the petitioner has been awarded the transportation contract for the year 2013-2014 for three Talukas, namely, Danta, Palanpur and Kankrej. According to the petitioner, the period of contract would expire on 31.03.2014. According to the petitioner, the petitioner has appointed one Mr.Memon Mohd. Idrish Hussain as his subcontractor for taluka Kankrej and for that, agreement dated 02.04.2013 has been executed between them.