LAWS(GJH)-2023-4-86

RAJENDRAKUMAR Vs. DISTRICT MAGISTRATE AHMEDABAD

Decided On April 12, 2023
RAJENDRAKUMAR Appellant
V/S
DISTRICT MAGISTRATE AHMEDABAD Respondents

JUDGEMENT

(1.) In the present case, rule was issued by this Court on 24 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 has yet been filed by the Detaining Authority.

(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, while passing the detention order, the Detaining Authority has taken into consideration a solitary FIR which was registered against the petitioner as mentioned in the order of detention before the Sarkhej Police Station.