SALIMBHAI HASANBHAI SALEJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Special Civil Application is directed against the order dated 11-7-1996 passed by the District Magistrate, Valsad detaining the petitioner under the provisions of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980. The detention order was executed on 11-7-1996 itself and since then the petitioner is under detention lodged at Bhuj Special Jail, Bhuj.

(2.) The present Special Civil Application was filed in this Court on 12-8-1996 and on 13-8-1996 Rule returnable for 10th September, 1996 was issued and an affidavit-in-reply has been filed by the Detaining Authority, i.e., District Magistrate, Valsad and an affidavit-in-reply has also been filed by Shri K. S. Vaghela, Under Secretary to the Government of Gujarat, Food and Civil Supplies Department, Gandhinagar. Besides this a counter-affidavit dated 6-9-1996 has also been filed on behalf of the Union of India.

(3.) The grounds enclosed with the detention order show that the petitioner was found to be involved in the black marketing activity of the illegal procurement of filled cylinders of essential commodity - Liquefied Petroleum Gas which is meant for distribution to authorised consumers under the public distribution system. The District Supply Officer, Valsad, Mamlatdar, Navsari, and Chief Supply Inspector, Valsad had detected on 2-7-1996 at 11-30 p.m. that ahead of Iddisbhai Isabaji Diler Farm House at Vesma, Taluka Navsari, a Truck No. K. A. - 01-6033 and Truck No. MWU-2530 the cooking gas was being transferred from the duly filled cyliners to the empty cylinders. During the course of investigation of this case, it was found that the petitioner was directly involved at his garage. Fifteen cyliners were filled in from the cyliners which were there in Truck No. KA-01-6033 and nine cyliners were filled in from the cyliners which were there in Truck MWV-2530. It was found that the petitioner was engaged in this business of black marketing for last about one year and eleven months. It also came on the record that the petitioner was selling cyliners so filled at the rate of Rs. 125.00 per cyliner at his garage which is known as Salim's Garage near Salim Auto Consultant at National Highway No. 8. The cyliners duly filled and the cyliners which were sought to be filled were stocked in Salim's Garage in village Vesma. The Detaining Authority has taken into consideration the material available before it and on that basis passed the impugned detention order under S.3(2) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980. The argument of the learned Counsel for the petitioner is that the claim of privilege in the facts of this case is not genuine because there was no basis to withhold the identity of witnesses from the petitioner at the time of supplying the documents with the grounds because none of these witnesses have expressed any fear of their security in their statements. Even otherwise, the statements show that the witnesses have only stated that their statement may be kept secret. They wanted it to be kept secret and what consequences were to flow against them in case of the disclosure of their names has not been stated and none of the witnesses have said that they had any danger from the petitioner. The learned Counsel for the petitioner has argued that in absence of the disclosure of the names of these witnesses, the right of making effective representation under Art. 22(5) of the Constitution of India has been violated.