MOHAMMED SHAHID ABDULKADAR SABUGAR Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, petitioner ' Mohammed Shahid Abdulkadar Sabugar has challenged the order dtd. 1/3/2024 passed by the 1st respondent ' District Magistrate, Himmatnagar 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 said Act' 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 on 8/10/2023, the District Supply Officer, Himmatnagar received a telephonic message that the huge quantity of fortified rice was illegally transported in a vehicle No. GJ-09-AU-1512 and the same was to be delivered at the factory of Son Agro Foods, Ilol, Himmatnagar. The team of responsible officer, intercepted the vehicle and also raided the factory premises and found that the huge quantity of government fortified rice to be distributed by the Public Distribution System purchased by the firm illegally for personal gain. In such set of circumstances, the offence under the provisions of The Essential Commodities Act, 1955 came to be registered on 20/11/2023 with Himmatnagar Rural Police Station against the petitioner and others. The District Magistrate, Himmatnagar, considering the material facts placed before him, satisfied that with a view to preventing the petitioner from acting in any manner prejudicial to the maintenance of supplies of commodities essential to the commodity, it is necessary to preventively detain the petitioner under the said Act and accordingly, the order impugned dtd. 1/3/2024 came to be passed. The petitioner was supplied with all the documents, relied by the detaining authority and informed him the grounds on which the order has been made.