SHANTABEN HARSHADBHAI CHAUDHARY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . Leave to amend is granted. The Superintendent, Central Prison, Sabarmati, is permitted to be added as party respondent No. 4.

(2.) . The petitioner is the wife of one Harshadbhai Rajeshbhai Chaudhary who is ordered to be detained vide order of detention dated 14th May, 1995 passed by the District Magistrate, Mehsana, on his being satisfied that with a view to preventing the detenu from acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community, it was necessary to detain the detenu. Along with the order of detention, the grounds of detention duly formulated and of even date are supplied to the detenu in the language known to him.

(3.) . From the grounds of detention supplied to the detenu, it becomes clear that vide Notification dated 24th of August, 1981, the petroleum products, i.e., High Speed Diesel and Petrol are declared to be essential commodities. It is also clear that there is one petrol pump being run at village Dhinoj in the name and style of "M/s. Tejash Petroleum, Dhinoj." The owner of the said petrol pump has obtained wholesale licence No. 240 of 1994 and retail licence No. 322 of 1994. It is the case of the detenu that his brother Tejaskumar R. Chaudhary applied for the dealership in respect of M. S. (Motor Spirit) and H.S.D. (High Speed Diesel) retail outlet to I.B.P. Co. Ltd., which is a Government of India enterprise. It is his further case that by letter dated 1st December, 1994 request of Tejaskumar R. Chaudhary for grant of dealership was accepted by the Company and thereafter on 9th December, 1994 agreement was entered into between Tejaskumar R. Chaudhari and I.B.P. Co. Ltd., appointing his brother as dealer with respect to M. S. and H.S.D. It is his further case that since he was unemployed, his brother Tejaskumar R. Chaudhari engaged him to look after the affairs of "Tejas Petroleum Pump", at a monthly salary of Rs. 2,000.00. The grounds of detention served on the detenu state that on 12th of May, 1995 Officer of the District Civil Supplies Office of Mehsana inspected the Petrol Pump and statement of the detenu who was present on the spot was recorded. The panchnama was also prepared. The detailed inspection carried out by the team reveals that large scale irregularities were committed in the purchase and sale of High Speed Diesel and that there was adulteration of some substance in High Speed Diesel. In the grounds of detention starting from Para 5 to Para 8, irregularities of enormous magnitude have come to light. As per stock book of 12th of May, 1995, the opening stock of High Speed Diesel was 9,838 litres. There is no receipt of further High Speed Diesel till the time of inspection. As per the meter on the pump, upto the time of inspection, 3,642.8 litres High Speed Diesel is sold. Therefore, as per stock book, if the quantity of diesel sold is reduced from the opening stock of High Speed Diesel, there should be stock of 6,195.2 litres. However, it was found at the time of inspection and preparation of panchnama that in the tank of High Speed Diesel, there was 13,866 litres of High Speed Diesel. It was thus noticed that 7,670.8 litres High Speed Diesel was in excess. How such excess stock was obtained by the dealer is not explained except stating that the diesel tank was not in level. While examining the density of High Speed Diesel, it was found that there was difference in the density recorded in the morning as well as one recorded at the time of inspection. It was found that such difference was above permissible difference under Clause-2(a) of the appropriate order of 1990 issued under Sec. 3 of the Essential Commodities Act, 1955. It was also found that over and above the bill book maintained for the purpose of sale of High Speed Diesel, there were other cash memo books by which large quantity of High Speed Diesel was sold on 26th of April, 1995, 27th of April, 1995, 11th of May 1995 and that such sale of High Speed Diesel by cash memo bills is not reflected in the stock book. It was thus found that even duplicate sale bills or cash memo bills were prepared and adulterated High Speed Diesel was being sold without reflecting such sale in the stock book and the large scale profiteering was done by selling adulterated High Speed Diesel. It was also noticed that per sale of every 5 litres of High Speed Diesel, 170 ml. was given less and for every 5 litres of petrol, 300 ml. of petrol was given less. For all such irregularities which are of very serious nature, the order of detention is passed by the District Magistrate with a view to preventing the detenu from acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community.