AMIRALI BADRUDDIN LALANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, petitioner - Amirali Badruddin Lalani, has challenged the order dtd. 25/9/2018 passed by the respondent - District Magistrate, Amreli 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 sub-clause (b) of sub-sec. (2) of Sec. 3 of the said Act.

(3.) Brief facts giving rise to file the petition are that, the petitioner detenue was accorded licence of fair price shop at village: Devada, Dhari, Amreli, whereby, he was authorized to sell essential commodities like wheat, rice, sugar etc. On the basis of the complaint by the Coordinate committee, the authority concerned inspected the shop of the petitioner and during the inspection, material irregularities on the aspect of stock and maintaining the necessary protocols, found deficient. The authority had seized the kerosene oil as mentioned in the report and the outcome of the report was to the effect that, by doing mal-practice, the essential commodities meant for the society, were being sell in open market for financial benefit. On this aspect, the criminal complaint being CR No. 61 of 2018 dtd. 7/9/2018 was being filed by the Executive Magistrate for the breach and violation of provisions of the Essential Commodities Act, 1955. The District Magistrate, Amreli, after considering the entire material supplied by the sponsoring authority, satisfied that with a view to preventing the petitioner from acting in any manner prejudicial to the maintenance of supplies of essential to the community, it is necessary to detain the petitioner who derived the gain from the said malpractice, which act of the petitioner defeat the provisions of the Essential Commodities Act.