RAHUL LAXMANBHAI KARAVADRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed for the following reliefs:

(2.) The challenge is to the order of detention at pre-execution stage that the respondent No.2- detaining authority viz. the District Magistrate, Porbandar, in exercise of powers under the provisions of Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (for short " the Act") and will detain the petitioner .

(3.) Learned Senior counsel for the petitioner has argued that the present applicant is alleged to have obtained sub-contact from co-accused Hathiya Dudabhai Khunti regarding DSD by way of contract/ mutual agreement for labour work and the present applicant is alleged to have been supplied the government food grains to co-accused Hasmukh Dadhi and Paras Sachdev as per instructions "Ashwin Bhoy" (Godown Manager). The investigation officer has not supplied/ collected any documents regarding direct or indirect involvement of the applicant. The applicant was falsely implicated in present offence just because he was supplier's father and son applicant was supplied those goods as per information/ instructions of Godown Manager (accused no.2). It is admitted fact that the son of the present applicant is required to follow order and instructions of accused no.1 and 4 because designation of applicant is only transporter and he has to transport goods as per the direction .