KISHORBHAI ARJANBHAI BHANUSHALI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, petitioner - Kishorbhai Arjanbhai Bhanushali, has challenged the order dtd. 16/12/2013 passed by the respondent - District Magistrate, Navsari 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 Kishor Bhanushali was the retailer of the food grains and doing his business in the name of 'National Traders' at Navsari. According to report dtd. 28/11/2013, it was learnt that the petitioner was found in unauthorized stock of food grains, which was essential commodities like rice, wheat etc. The excess stocks as per the report alleged to have been purchased from Madhya Pradesh, whereby, the petitioner was involved in unauthorized storage and pilferage of essential commodities meant for public distribution system and thereby, acted in a manner which is harmful to maintenance and distribution of essential commodities to the public at large. After in depth inquiry made by the State Government, the FIR came to be lodged with Chikhli Police Station, Valsad for the offences mentioned therein. The said FIR was registered on 5/12/2013. The petitioner herein was arrested on 5/12/2013 and later on he was enlarged on bail. The District Magistrate, Navsari, 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.