ASHOK RATILAL PARMAR Vs. DISTRICT MAGISTRATE SURENDRANAGAR

JUDGEMENT

(1.) BY way of this Special Civil Application under Article 226 of the Constitution of India, the present petitioner has challenged the order of detention dated 28 -3 -2008 (Annexure 'A'), passed by the District Magistrate, Surendranagar District, 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.) THE petitioner -detnu is residing in Limbdi, Surendranagar and he is a licence holder running a fair price shop in the name and style of ?SPandit Dindayal?? in Limbdi, Surendranagar, for the distribution of rice, wheat, sugar, kerosene etc. under the Essential Commodities Act, 1981. He was also holding permit for supply of these essential commodities for the Midday Meal Scheme at Limbdi. It is alleged that on 1 -3 -2008 it was found that 6000 Kgs. of wheat and 3000Kgs. of rice meant to be taken to the petitioner's fair price shop at Limbdi were being transported towards Lakhtar and the Dy.Mamlatdar along with the Panchas intercepted the vehice and seized the said commodities. It was found that the petitioner -detenu was selling these essential commodities to one Shaileshkumar at a higher price than the market price and thus for personal gains and economic profit, the detenu had committed illegality and indulged in prejudicial activites to the maintenance of supplies of essential commodities, though it was meant to be sold to card -holders. After a thorough checking of the petitioner -detenu's fair price shop and after recording the statement of the concerned persons/witnesses, the petitioner's fair price shop was found to be indulging in black marketing. A complaint came to be lodged against the petitioner before Limbdi Police Station on 1 -3 -2008 bearing no.II -3045/2008. The petitioner came to be detained. The grounds of detention are annexed at Annexure 'B' to the petition.

(3.) THE learned Counsel for the petitioner has taken me through the grounds conveyed to the petitioner -detenu and sensitivity involved in it. I have also considered the stand taken by the respondents who have resisted the petition by filing reply affidavits.