AKHAMSINH SAMANTSINH PATEL Vs. DISTRICT MAGISTRATE, PANCHMAHALS

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, petitioner 'Akhamsinh Samantsinh Patel has challenged the order dtd. 1/7/2024 passed by the respondent' District Magistrate, Panchmahal directing him to be detained under the provisions of the Prevention of the Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (hereinafter referred to as 'the PBM Act of 1980' for short).

(2.) The said order has been passed in purported exercise of powers conferred by sub-sec. (1) read with subclause (b) of sub-sec. (2) of Sec. 3 of the said Act.

(3.) Brief facts giving rise to file the petition are that, the applicant detenue is the fair price shop owner having licence to do business in the essential commodities, allegedly granted by the State Government. The place of the business is at Natapur-1, Dist.: Panchmahal. On 1/5/2024, the surprise inspection was carried out by the District Supply Officer. During the inspection, it was noticed that, as per the supply of the State Government, the stock was not tallied with the online data. There was huge deficiency in the stock of multiple grains as without maintaining proper stock register, the deficit stock of multiple grains were sold in open market for personal gains. In such circumstances, the sponsoring authority proposed to detain the applicant under the Act of PBM of 1980 to prevent him in acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community.