PARAS KISHORBHAI SACHDEV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed for the following reliefs:

(2.) The challenge is to the order of detention at pre-execution stage that the respondent No.2 - detaining authority viz. the District Magistrate, Porbandar, in exercise of powers under the provisions of Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (for short " the Act") and will detain the petitioner .

(3.) Learned counsel for the petitioner has submitted that petitioner seriously apprehend about execution of order of detention against the petitioner pursuant to aforesaid offence registered and in fact the order of detention is already been passed against the co-accused viz. Keval Sureshbhai Bhundiya and even at the residence of the petitioner also office, police came and inquired about the petitioner, however, as the petitioner was not present, he is not being detained. It is submitted that the present petitioner is doing lawful business in the name and style as Raviraj Enterprise where he is proprietor, the office is situated at Main Bazaar, Nr. Bank of Baroda, Bhatiya Devbhumi Dwarka, also having GST registration. He also submitted that petitioner would be seriously prejudice, therefore, humbly urges the Hon'ble Court to direct the respondent to submit on record about status of the petitioner in respect of FIR. He also submitted that mere involvement by police in an offence cannot be considered to be affecting the public order without any credible and cogent material on record, therefore, any action of passing order of detention by respondent no.2 is required to be quashed and set aside.