CHANDRESHBHAI UDAYLAL KHATIK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the detenu has challenged the order of District Magistrate, Surat dated 20.2.2014 passed in exercise of powers under Section 3(2) of the Prevention of Black Marketing & Maintenance of Supplies of Essential Commodities Act, 1980 ("P.B.M. Act" for short) detaining him.

(2.) Inspection of the premises of the detenu was carried out by the competent Authority and the detenu was found to be involved in unauthorized activity of selling essential goods. Thereafter, the detenu came to be detained by the Authority vide impugned order.

(3.) It is submitted that petitioner is not connected black with marketing of essential commodities. It is further submitted that the detaining authority has not forwarded the report and the facts to the State Government and merely on assumption and presumption without considering any material on record, the detention order was passed which has rendered the continued detention illegal. Learned advocate for the petitioner has also relied on the case of Rajindra v. Commissioner of Police, Nagpur Division reported in 1994 Suppl (2) SCC 716 in support of above submission.