RAJESHBHAI MANUBHAI TANK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In the present case, rule was issued by this Court on 29 th August, 2022. However, vide order dated 6 th October, 2022, since no affidavit-in-reply was filed by the State, an interim relief in terms of Para-9(C) came to be granted. Today, when the matter is taken up for hearing, it is noticed that no affidavit-in-reply is filed by the Detaining Authority, however, the Union of India, i.e, the respondent No.4 has filed affidavit- in-reply.

(2.) In the present writ petition, the petitioner has assailed the order of detention dtd. 2/8/2022 passed by the respondent-authority under the provisions of the Prevention of Black Marketing & Maintenance of Supplies of Essential Commodities Act, 1980 (hereinafter referred to as "the Act, 1980").

(3.) From the grounds of detention, it appears that the Detaining Authority has taken into consideration four different irregularities, for which, four different FIRs came to be registered with the different police stations, i.e, (i) on 19 th April, 2022 with the Sarkhej Police Station (ii) on 11 th May, 2022 with the Naroda Police Station (iii) on 12 th March, 2020 with the Dabhoda Police Station and (iv) on 20 th October, 2020 with the Naroda Police Station. In all the aforesaid offences which have been registered under the provisions of the Act, 1980, the petitioner has been released on bail.