ASHPI MANCHERSHA DADABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, the petitioner has been challenging the order of detention dated 4-2-2003 (Annexure-A) passed by respondent no.2 under the provisions of Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act 1980 ('PBM Act'), as illegal, invalid, null & void, arbitrary, suffering from non application of mind and violative of Article 14, 21 and 22 of the Constitution of India.

(2.) The petitioner has been dealing in solvent in the name & stye of M/s. Hira Petrochemicals Pvt. Ltd. Village Patonda, Taluka & District Nandurbar, Maharashtra State; that the Jt. Director (investigation), Ministry of Petroleum & Natural Gas, New Delhi, Anti Adulteration Cell carried out surprise checking on 23-12-2002 of Tanker No. GJ-5/V-4846 near hotel Satlej, Ankleshwar. At that time certain irregularities and illegalities were found with respect to bill for Rs.1,42,800.00 in the name of M/s. Shantinath Chemicals, Khewar Road, Bahdgadh, Sonepat, Hariyana. The case was then handed over to Mamlatdar, Ankleshwar for further inquiry. On Mamlatdar's inquiry with the tanker driver it was revealed that the seized quantity of 12 KL O.C.S. hydro carbon stored in the said tanker was worth Rs.1,65,648.00, and the said tanker also contained stock of solvent. Mamlatdar, Ankleshwar, therefore carried out detailed and thorough inquiry and samples of the petroleum liquid were taken and sent to the laboratory for analysis and it has been reported that the seized liquid stock is of petroleum hydrocarbon liquid. It was also revealed from the statement of driver Montu Yadav that the bill of solvent was fake one and the stock in tanker was not to be sent to Nandarbar, Sonepath Hariyana but was to be emptied at petrol pump in Ankleshwar as per instructions of his employer. During the investigation it was also revealed that the name of Shri. Mahendra Singh Daulatsingh Panjrolia was recorded as the owner of the aforesaid tanker R.C. Book and the said tanker has been transferred by giving false address of the tanker owner without any consultation. All these culminated into passing of the impugned detention order.

(3.) Learned AGP has placed on record affidavit in reply by respondent No. 1 to 3 and Ms. PJ Davawala, Learned Addl. Counsel for Central Govt. has placed on affidavit on behalf of respondent No.4. Both are kept on record.