KANTILAL MATHUDAS DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Hasmukh Kantilal Dave (detenu) through his father Kantilal Mathurdas Dave, petitioner has filed this habeas corpus petition under Article 226 of the Constitution of India for quashing and setting aside the order of detention dated 15/11/2005 passed by the District Magistrate, Junagadh under the provisions of Prevention of Black Marketing and Maintenance of Supply of Essential Commodities Act- 1980 (for short 'PBM Act') as being illegal, invalid, null and void, arbitrary, suffers from total non-application of mind and violative of Article 14, 21 and 22 of the Constitution of India. Petition was filed on 21/12/2005. Mr.Kiran Jani, learned advocate appears on behalf of the petitioner. Shri L.R.Pujari, learned APP appears on behalf of respondents no.1 to 3. Mr.M.A.Shaikh, learned advocate appears on behalf of Union of India. On service of Rule Mr.H.C.Kadia, the Deputy Secretary of the state Government has filed an affidavit and with consent of all advocates the matter is taken up today for final hearing.

(2.) In this case, the District Magistrate, Junagadh, in exercise of power under the provisions of Sub Section 2 of Section 3 of Prevention of Black Marketing and Maintenance of Supplied of Essential Commodities Act, 1980 (herein after referred to as 'The Act of 1980') passed an order of detention dated 15/11/2005 on the ground that it is necessary to prevent the petitioner from acting in a manner prejudicial to the maintenance of supplies of commodities essential to the community.

(3.) It is the case of the petitioner that the authority has served the said order to the detenu, Hasmukh Dave on 5/12/2005 and the detenu was detained in Palanpur jail. As the detenu is in jail, his father Kantilal Dave has challenged the legality and validity of the impugned order of detention dated 15/11/2005 by means of filing this petition to issue writ of habeas corpus and to quash the order of detention passed again his son being null, void and without proper application of mind.