DEVUBHA RAGHUBHA JHALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner-detenu has challenged the order of detention dated 15. 6. 2007 passed by the District Magistrate, Rajkot, by way of filing this petition. The petitioner is detained under the provisions of the Prevention of Black Marketing and Mainenance of Supplies of Essential Commodities Act, with a view to preventing the petitioner from acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community. The petitioner has been in the custody at Vadodara Central Jail. The petitioner has challenged the detention order on various grounds including the delay in deciding the representation made by him. In pursuance of the detention order, FIR being C. R. No. 29/2007 has been registered with Gandhigram police station.

(2.) HEARD the learned advocate for the petitioner, learned Addl. Central Government Standing Counsel and the learned AGP.

(3.) IT is submitted by the learned AGP, Mr L. R. Pujari that though the State Government has immediately sent the representation made by the detenu to the Central Government, the Central Government has called for some comments on the averments made in the representation from the State Government and the State Government has in turn, after getting the comments from the District Magistrate, Rajkot (detaining authority) and after receiving the same, parawise remarks were sent on 17. 9. 2007. It is submitted by the learned Addl. Central Government Standing Counsel, Mr Shaikh, that during the pendency of this Special Civil Application, as the Central Government has not received the remarks from the State Government, it was not decided on 24. 8. 2007. From the above facts, it seems that the representation was decided on 28. 9. 2007 by which the representation of the detenu was rejected by the Central Government.