KAUSHALBHAI RAMESHBHAI DESAI Vs. DISTRICT MAGISTRATE SURAT

JUDGEMENT

(1.) This Special Civil Application under Article 226 of the Constitution of India has been filed by the petitioner challenging his detention in pursuance of the order passed against him by the District Magistrate, Surat on 25th January, 2005 in exercise of powers conferred upon him vide Sub-Section (2)(a) of Section 3 of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (PBM Act for short). The petitioner is under detention in pursuance of the said order from 25th January, 2005.

(2.) The grounds of detention as placed on record reveal the factual background that the petitioner was a dealer of oil companies and was granted a license according to rules for distribution of blue kerosene to the fair price shops of specified area of Surat District. The blue kerosene is an essential commodity under the control orders framed by the State Government by virtue of the Essential Commodities Act, 1955 and the blue kerosene is subsidized by the State Government for distribution for the same amongst lower or middle income commune citizens who hold ration cards, as per the rules framed by the State Government. According to the distribution system, the agent of the oil companies who is licensed by the State Government, receives bulk of such blue kerosene from oil companies and distributes to the fair price shop-owners who are licence holders to distribute in turn, such blue kerosene to the ration card holders. The difference between white and blue kerosene is made because white kerosene is available in open market with higher rates, while blue kerosene being an essential commodity is for distribution to needy citizens by the fair price shop owners through ration cards by subsidized rates.

(3.) On 4th January, 2005, the present petitioner through one oil tanker No.GT-G-3119 lifted 12000 liters of blue kerosene for distribution to [1] Mohanlal B. Jain at Mahuva, 4000 liters, [2] Kharvan Co-operative Society, 2000 liters [3] Vinodbhai K. Patel, Bartad, 3000 liters and [4] Shankarlal Nagjibhai Jain, Shaikhpur, 3000 liters. The petitioner being license holder submitted a programme for distribution of 12000 liters of kerosene to above four persons which was approved by the State Government. The tanker in which such quantity was carried belonging to one Smt.Surekhaben which was hired by the petitioner and the driver of such tanker was one Shri Ghanshyambhai Agrawal and his assistant cleaner was one Shri Pappu Franses Koli.