JIVRAJBHAI VRAJLAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this petition under Art. 226 Constitution of India petitioner-detenu Jivrajbhai Vrajlal Patel has prayed for a writ of Habeas Corpus and quashing the detention order dated 16/04/1987 passed against him by the District Magistrate Surat the detaining authority under sub-secs. (1) and (2) of Sec. 3 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act 1980 (hereinafter referred to as the P.B. Act). The District Magistrate was subjectively satisfied and therefore with a view to preventing the petitioner from acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community found it necessary to detain him and therefore passed the impugned order of detention.

(2.) petitioners was served with the grounds of detention of even date. In the grounds of detention it is stated that the detaining authority was informed by a social worker that the petitioner was getting groundnut oil from the Saurashtra area under the fictitious name of the commission agents and was encouraging black-marketing in essential commodity viz. oil. The detaining authority then inquired into the matter and also recorded the statements of the petitioner and various other witnesses and was satisfied that the petitioner had purchased 4 350 tins of groundnut oil rapeseed oil and Rayada oil by 14 bills through one Kishorebhai Patel and the bills were got up and no person having the name Kishorebhai Patel was available at Danapith in Junagadh from whom the petitioner is alleged to have got oil tins and made payment. Telephone No. 22440 alleged to be of Kishorebhai Patel was of some another person. The detaining authority was also satisfied that oil worth Rs. 13 3 540 was purchased by the petitioner and payment was made by drafts and amount of Rs. 1 49 20 was paid in cash by the petitioner to Kishorebhai Patel. It also transpired that fictitious Bank account were opened and drafts were credited and amount was withdrawn. Persons in whose names accounts were opened were also not available. Ultimately the detaining authority was subjectively satisfied that got-up bills were prepared in the name of fictitious firms Amar Industries Jetpur and Bhavana Industries Vanthali which were not in existence at all. It is also stated that Assistant Sales Tax Commissioner reported that the petitioner evaded 4 per cent. Sales-tax and 10 per cent surcharge. The petitioner was doing activities by which huge profit be earned. The petitioner was indulging in serious criminal activities by which black-marketing and profiteering would be encouraged. It is also specifically stated in the grounds of detention that the petitioner did not maintain the stock register and accordingly violated the provisions of Clause 23 of the Gujarat Essential Articles (Licensing Control and Stock Declaration) Order 1981 and Condition 4(1) of the licence and thereby committed breach of the provisions of Sec. 3 of the Essential Commodities Act and consequently offence punishable under sec. 7 of the said Act. Alongwith the grounds of detention the petitioner was supplied 42 documents on which the detaining authority based his subjective satisfaction.

(3.) The admitted position therefore is that the petitioner was detained on 16 detention order was approved by the State Government on 22 and report was made to the Central Government on 28 and was received by the Central Government on 6-5-1987. Admittedly the report was received by the Central Government after the period of seven days.