MUKESHBHAI JAHABHAI KOTAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this Special Civil Application under Article 226 of the Constitution of India, the present petitioner has challenged the detention order dated 12. 9. 2007 passed by the respondent No. 2-District Magistrate, Supply Branch, Bhavnagar, in exercise of powers conferred under sub-section (2) of section 3 of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (for short, 'the Act') with a view to prevent the petitioner from black marketing essential commodities and acting in any manner prejudicial to the maintenance of supplies of essential commodities essential to the community.

(2.) AFTER a thorough checking of the concerned witnesses, the petitioner's firm was found to be indulging in black marketing. FIR being CR No. 1-68/2007 was registered with Umrala police station under the provisions of Essential Commodities Act.

(3.) HEARD the learned advocate for the detenu and the learned Addl. Central Government Standing Counsel and the learned AGP for the respondents.