HASMUKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, petitioner - Hasmukh @ Dadhi Valjibhai Rayvadera Lohana, has challenged the order dtd. 23/5/2024 passed by the respondent - District Magistrate, Porbandar 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 State as well as Union Government introduced various schemes for Distribution of Essential commodities like wheat, rice etc.. In order to implement the scheme for distribution of essential commodities, the Public Distribution System ("PDS" for short) as well as through fair price shops, the huge quantity of the essential commodities had been stored in a different godowns under the jurisdiction of Porbandar District. The employee of State Government as well as the persons, who were involved in the PDS System as well as Logistic Work, conspired to misappropriate the huge amount of food-grains for their personal gains. It is alleged that during 1/1/2020 to 4/1/2023, the applicant and others in all 13 persons defrauded the Government by misappropriating the huge quantity of food-grains stored in the Government godowns under the jurisdiction of Porbandar District. It was noticed that by manipulating stock registered as well as by making forged gate-passes, the huge stocks of foodgrains worth Rs.99,77,551.00 being misappropriated by committing the act of forgery and criminal breach of trust. So far as applicant is concerned, he was instrumental in selling the stock of essential commodities and in connivance with the principal accused, purchased 80 bags of the commodities and sold it to the co-detenue and causes loss to the Government Exchequers, whereby, committed an offence under the provisions of the Essential Commodities Act, 1955 and under the Penal Laws. After in depth inquiry made by the State Government, the FIR came to be lodged with Ranavav Police Station, Porbandar for the offence punishable under Ss. 3 and 7 of the Essential Commodities Act and Ss. 406, 409, 120B, 465, 467, 471 and 477A of the IPC. The said FIR was registered on 13/1/2023, against so many persons. The applicant herein was apprehended and later on he was enlarged on bail. The Porbandar, DSP made a proposal to detain the applicant and others under the PBM Act of 1980. The District Magistrate, Porbandar, after considering the entire material supplied by the sponsoring authority, satisfied that with a view to preventing the applicant from acting in any manner prejudicial to the maintenance of supplies of essential to the community, it is necessary to detain the applicant who derived the gain from the said malpractice, which act of the applicant defeat the provisions of the Essential Commodities Act.