LAWS(GJH)-1995-1-21

YOGESHBHAI JASVANTBHAI MODI Vs. N A VORA DEPUTY SECRETARY FOOD AND CIVIL SUPPLIES DEPARTMENT GANDHINAGAR

Decided On January 30, 1995
Yogeshbhai Jasvantbhai Modi Appellant
V/S
N A Vora Deputy Secretary Food And Civil Supplies Department Gandhinagar Respondents

JUDGEMENT

(1.) .Yogeshbhai Jashvantbhai Modi, petitioner-detenu herein, by this writ petition, under Art. 226 of the Constitution of India, has brought under challenge the impugned order of detention dated 8-9-1994, passed against him under Sec. 3(1) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (for short "the Act") by the Deputy Secretary, Government of Gujarat, inter alia praying for quashing and setting aside the same and to set him at liberty forthwith.

(2.) To be brief on the alleged grounds as set out in detail in the grounds of detention dated 8-9-1994 at Annexure "B", the State Government on being satisfied that the anti-social activities alleged against the petitioner were prejudicial enough to the maintenance of the supplies of the essential commodities, viz., Edible Oil to the community, and accordingly, in order to immediately prevent him from carrying ahead his said activities in future, it clamped out the order of detention dated 8-9-1994 upon him, giving rise to the present writ petition.

(3.) Mr. P. M. Thakker, the learned Advocate appearing for the petitioner, though has raised several contentions in the memo of petition, however, at the time of hearing, has chosen to press into service precisely one contention which according to him, goes to the root of the matter vitiating further continued detention being covered by the decision of this Court, rendered in case of Dilipkumar A. Ganatra v. District Magistrate, Rajkot, reported in 1993(1) GLH 600 and 1992(2) GLR 1471. The said contention according to Mr. Thakker is that at the time when the petitioner was temporarily released on parole by the State Government he was released on such liberal terms and conditions that they ex-facie reflect and demonstrate that he was no more potential threat prejudicial to the maintenance of supplies of essential commodity to the community, and in this view of the matter, therefore, his further continued detention to the said extent was not necessary. While making good this contention, Mr. Thakker submitted that the petitioner was temporarily released by the State Government on parole for seven days on the alleged ground of sickness of his mother by an order dated 29-10-1994 on the following terms and conditions :-