RAJESHBHAI KANUBHAI PAREKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner seeks to challenge the legality and validity of the order of detention dtd. 22/8/2023 at passed by the District Magistrate, Surat under the provisions of Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (for short, the 'PBM Act') being illegal, invalid, null and void, malafide, misuse of powers and violative of Articles 14, 19 and 21 of the Constitution of India. The detention proceedings are based on an FIR which came to be registered with with Kadodara G.I.D.C Police Station being CR-II No.B11214023230161 under part-25(1) of the Fertiliser (Inorganic, Organic or Mixed) (Control) Order 1985 and under Sec. 3, 7(1)(A)(2) of the Essential Commodities Act-1955 on 04/02/2023 at 17:30 hours. During the investigation of the said offence, Sec. 465, 468, 171, 120 (B) of the I.P.C. has been added. The complainant of the said offence is Vivekbhai Rajeshbhai Metaliya, serving in office of Deputy Agriculture Director, Athwalines, Surat city.

(2.) The facts of the offence is that on the basis of information received by the team of Hareshbhai Ranjitsinh Chandela, State Tax Inspector, Surat on 19/1/2023, on stopping the Eicher vehicle No.DD-01-E-9328 under custody of Govind Ramprasad Yadav (co detenue) at the south end of the over bridge at Kadodara Char Rasta and on checking it, there where white coloured plastic bags without any mark and it looked that it was chemical fertilizer and therefore, the agriculture officer Shri Vivekbhai Rajeshbhai Metaliya (Deputy Agriculture Director, Palsana) arrived at the spot with his team and on checking the Eicher vehicle No.DD-01-E9328, total 250 white coloured bags each containing 50 k.g. without any brand name were found and in the invoice bills and e-weigh bills, MINERAL OR CHEMICAL FERTILISERS CARBMIDE was written on each of them. Hence, samples from that quantity were obtained and the same were sent to Fertiliser Testing Laboratory, Bardoli, District Surat for analysis. As per the analysis report No.F.T.L/TECH/ A.R./625- 28/2023 dtd. 24/1/2023 of the Chemical Manure Testing Laboratory, Bardoli, it was declared positive in neem coated urea test and all the quantity was transpired to be neem coated urea for Government subsidy based agriculture use. Therefore, as verification certificate to the effect that the white coloured bags contained neem coated urea in Eicher vehicle No.DD-01-E-9328 had been issued and as the team of Assistant State Tax Commissioner had inquired regarding muddmal loaded in Eicher vehicle No.DD-01-E-9328 and bill produced the tempo carried neem coated urea worth Rs.74,000.00 in 250 white coloured bags with fake and bogus invoice and e-weigh bills , he got the said seized muddmal of neem coated urea registered in the name of Apex enterprize and its responsible person Prashant Bhatt, Address: Shop No.20, Narayan Complex, R.D. Swastik Society, Navrangpura, Ahmedabad, the quantity of manure was called for at the address of Ram Traders in the name of responsible person Kalaniya Tarunbhai Babubhai resi. At Shop No.41, F/S Plus Avenue Building, Royal Mensus, Bazar Road, Vapi, Valsad, Godown was hired at Bedva village in the name of Rajesbhai Kanubhai Parekh, resident of 310, Vakil House, Karamsad, Ta., District Anand, conserved the said quantity of neem coated urea there, changed bags of neem coated urea and emptied the same in white coloured bags, Rajubhai Vohra - Mobile No.77000 09877 Sahil alias Montu Farukbhai Vohra, resident of Jenab Township, near Parivar Party Plot, Anand having native at Parabadi, Bhadarva, District Vadodara purchased subsidy based neem coated urea at cheap rates and sent to the industrial units for use in the said Eicher Tempo, Karimbhai- Mobile No.9909147528, Kiritbhai resident of Petlad, Dahyabhai resident of Petlad, Lilibhai resident of Petlad and Pintubhai Dumad Chowkdi- Mobile No.9924168006, 9978668006, for financial benefits, accumulated Government subsidy based neem coated urea meant for use of agriculture, in the godowns for using the same for industrial purpose instead of agriculture, emptied the muddamal in separate vehicles, supplied to the industrial units and thereby abetted one another.

(3.) Learned advocate for the petitioner has challenged the order of detention on the ground that the detention order does not serve the purpose for which the detention order is passed as there is no issue with regard to the disturbance of public order. It is submitted that the petitioner has already been arrested as an accused in the offense and has been enlarged on bail by the Court of competent jurisdiction and therefore, there is no reason for detaining the petitioner. It is submitted that the role attributed to the petitioner even during the course of investigation indicates that the petitioner was not found in possession of the Neem coated Urea, but on the basis of statement of certain witnesses, the petitioner has been attributed with some role. The detaining authority has relied upon the statement of the present petitioner himself to carve out a role to the petitioner which is not sufficient evidence to conclusively establish the offense against the petitioner. This fact, the detaining authority ought to have taken into consideration before passing the order of detention. It is lastly submitted that the order of detention is delayed by approximately five months and this is the ground which is sufficient to quash the order of detention. Learned advocate has relied upon the decision of this Court in group of matters being Special Civil Application No.8963 of 2023 and allied matters, which came to be disposed of by common oral judgment dtd. 14/6/2023 setting aside the order of detention.