NNAJI JADAVJIBHAI MANGE Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) The petitioner has invoked Articles 21, 22 and 226 of the Constitution of India to challenge the order dated 10th June 2007 of his detention under the provisions of Prevention of Black Marketing and Maintenance of Supply of Essential Commodities Act, 1980, [ Sthe PBM Act for short]. The petition was pressed on the solitary ground of delay in consideration of his representation dated 15.6.2007.

(2.) By filing the affidavit of District Magistrate, Jamnagar, it is stated that the statement before the District Supply Officer revealed that he used to prepare false bills in the name of those customers who had not purchased through ration card and then made false entry in their ration card about purchase of the respective items. The State Government had floated a B.P.L. (Special) Scheme and irregularities were committed by the petitioner in dealing with the stock under that scheme. The petitioner was professed to be holding the post of Manager with the cooperative society, but at the time of enquiry he submitted that the fair-price shop was the only source of his income, and thus in short he was alleged to have committed breach of the Order of 2004 Clause 3, 10, 18(4)(g) as well as Section 7(3) of the Essential Commodities Act and hence the license was suspended for 90 days. A police complaint was also filed against the petitioner over and above suspending the fair-price shop license. Representation made by him through his advocate was received by the District Magistrate on 22.6.2007. According to the affidavit of the Joint Secretary to the Government of Gujarat, Food, Civil Supplies & Consumer Affairs Department, the order of detention dated 10.6.2007 was approved by the State Government on 21.6.2007 and the detenu was actually detained on 11.6.2007. After approval of the order of detention the representation was sent by the State Government to the Central Government within the prescribed time limit of seven days. A representation dated 15.6.2007 received in the Food, Civil Supplies & Consumer Affairs Department on 21.6.2007 was placed before Section Officer with file on 22.6.2007 who cleared it on the same day. Thereafter it was placed before the Hon'ble Minister of Civil Supplies on 25.6.2007 who decided to reject the representation on 25.6.2007. The P.B.M. Advisory Board also confirmed the detention order of the detenu.

(3.) By filing affidavit of the Under Secretary of the Department of Consumer Affairs, Food and Public Distribution, New Delhi, it is submitted that the representation dated 13.6.2007 was received in the Central Government on 19.6.2007 and in the concerned Section on 20.6.2007 through office of the District Magistrate, Jamnagar. Another representation dated 15.6.2007 was received in the Central Government on 20th June 2007 and in the concerned Section on 21.6.2007. After examining the representation it was seen that certain averments were made regarding non-supply of documents, cancellation of detenu's licence etc., which were required to be verified. Hence para-wise comments on the representations dated 13.6.2007 and 15.6.2007 were called for from the State Government by letter dated 17.7.2007. Those comments were awaited till affirmation of affidavit on 24.7.2007.