MUKESHKUMAR RATANLAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, petitioner - Mukeshkumar Ratanlal Shah, has challenged the order dtd. 4/5/2024 passed by the respondent - District Magistrate, Sabarkantha 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 sub-clause (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 Mukeshkumar Ratanlal Shah is in business of food grains. He is the proprietor of business entity 'Shah Ratanlal Pranlal' doing business at Idar, Dist.: Himmatnagar. The Civil Supply Department, made an inspection on the business premises on 3/2/2024 and 4/2/2024. There was illegal quantity of fortified rice found during the inspection. The same was seized and later on under the provisions of Essential Commodities Act, the quantity approximately 28915 Kg. came to be confiscated. It is alleged that, the fortified rice found from the shop of the applicant was meant to be distributed to the consumer through Public Distribution System ('PDS' for short). The applicant did not have produced the invoices of purchase of the said rice and the invoice, which he had produced, was forged and bogus. In such circumstances, the FIR under the provisions of Essential Commodities Act came to be filed on 5/2/2024. The District Magistrate, Himmatnagar after considering the material placed before him, arrived at the conclusion that, the applicant was actively involved in black marketing of the controlled rice and there is all possibility that after registration of the offence, he would indulge in the said activities for his personal gains and therefore, with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies to the commodities essential to the community, the detention of the applicant under the aforesaid act is necessary so as to protect the interest of the society at large