NARAYAN TUKARAM BADDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner-one Naranbhai Tukaram Baddi has by this petition challenged the legality and validity of the order of detention, dated 16th May, 1995 passed by the District Magistrate, Ahmedabad under Sec. 3 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 (hereinafter referred to as "the said Act"). The grounds of detention duly formulated under Sec. 8(1) are supplied to the detenu wherein the satisfaction is recorded that for maintenance of supplies and distribution of essential commodity like petrol, with a view to preventing the detenu from acting, in any manner, prejudicial to the said avowed object the order of detention is required to be passed.

(2.) In the grounds of detention supplied to the detenu it is stated that with a view to preventing the detenu from acting in any manner prejudicial to the maintenance of supplies of commodity essential to the community such as petrol and with a view to maintaining its easy availability and distribution, the order of detention is required to be passed, and it is further stated that each ground of detention stated in the order itself is sufficient to detain such person. It is also alleged against him the that at Plot No. 99 of Vatva Vinzol GIDC Industrial Estate, the detenu is carrying on the business of manufacturing "Industrial Solvent" which is a Petroleum product. It is further alleged that on 7th May, 1995 when the Deputy Collector inspected the Petroleum pump being run in the name and style of Gujarat Auto Centre Petroleum Pump near Narol on Ahmedabad-Bombay National Highway it was found that just opposite the Petroleum Pump one tanker bearing No. GJ/ 1/Y/754 and another tanker bearing No. GJ/1/V/3873 were standing. On discreet enquiry being made from the driver of the second tanker-Avadheshkumar Dubey and on recording his statement in the presence of panchas he disclosed that from V. G. Chemicals at Vatva GIDC on 6th May, 1995, 4,000 Ltrs. of Industrial Solvent was filled in the middle portion of the tanker and the same was emptied in the petrol tank of M/s. Ambica Agencies Petroleum Pump at village Sanand at 12-30 at night. He further disclosed that prior thereto on 29-4-1995, 8,000 Ltrs. of Industrial Solvent was carried by him and emptied in the patrol tank of said petrol pump. On further enquiry being made from the owner of the said tanker he disclosed that the said tankers were filed with Industrial Solvent from Atlas Petroleum Chemicals of the ownership of the detenu and the same was emptied in the Ambica Agencies Petroleum Pump at Sanand. He further disclosed that the industrial solvent is being sold by the detenu at the rate of Rs. 6.00 per litre as per the bills prepared but since the Industrial Solvent was being used for the purpose of mixing the same with petrol the detenu was charging Rs. 12.00 to Rs. 14.00 per litre and the balance amount was recovered in cash. The detaining authority has thereafter referred to three underground tanks of Ambica Agencies Petrol Pump at Sanand and has noted the exact quantity of Petrol found, that being 4,154 Ltrs. while Diesel was found to be 13,681 Ltrs. As against the aforesaid quantity which was actually found in the three underground tanks the meter reading of petrol at the time of inspection and the sale of petrol as per the meter reading are stated in the tabular form. The same was thereafter tallied with the quantity of petrol as reflected in the stock book and it was found that after deduction of sale of petrol as per the meter reading, namely, 3,945 Ltrs. the remaining stock should have been 653 Ltrs. while in fact what was found in the underground tank was 4,153 Ltrs. and thus there was excess of 3,501 Ltrs. of petrol. This excess was because of adulteration of Industrial Solvent in the petrol tank by the owner of the petrol pump and that was the only reason why such a huge quantity of petrol in excess was found in the underground petrol tank. On making further discreet enquiries about V. G. Chemicals of Phase I, GIDC Industrial Estate, Vatva, since the bill of the said company was found from the driver of the tank, it was found that at the address there was no firm or business agency carrying on business in the name of V. G. Chemicals. It was found that one Bapu Govind was running business of Printing and that he stated that he has never carried on business in the name and style of V. G. Chemicals and that he has never done business of petroleum products or industrial solvents. The detenu disclosed that V. G. Chemicals was owned by V. G. Purohit while the owner of the tanker disclosed that one Bharatbhai Shah was the owner of V. G. Chemicals. He also disclosed that V. G. Chemicals was a fictitious concern and was existing on paper only. The detaining authority has thereafter referred to supply of Industrial Solvent by the detenu to number of other petrol pumps such as M/s. Deep Oil and Chemicals, M/s. S. B. Petroleum, Nadiad, M/s. Deep Oil and Chemicals at Kuha. The investigation further revealed that the owners of such petrol pump have been purchasing industrial solvent at a low price as per bill while they were paying between Rs. 12.00 to Rs. 14.00 per litre to the detenu and that such industrial solvent was being unauthorisedly mixed or adulterated in petrol. The adulteration of industrial solvent in petroleum product is not permissible in law and it is, therefore, alleged against the detenu that he was by manufacturing such petroleum product of low quality and supplying the same to the owners of petrol pump encouraging adulteration in petrol and was abetting the activity of black-marketing and profiteering. It was on such grounds that the order of detention is passed.

(3.) In the grounds of detention the detenu is further informed that he has a constitutional right of making representation to following authorities : (i) District Magistrate, Ahmedabad (detaining authority), (ii) Additional Chief Secretary, Food and Civil Supplies, Block No. 14, 6th floor, New Sachivalaya, Gandhinagar, (iii) Secretary, Civil Supplies and Public Distribution Ministry, Krishi Bhuvan, New Delhi and (iv) Members of Advisory Board.