NATWARLAL RATILAL KANABAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition, the detenu has challenged the order of District Magistrate, Junagadh dated 27.09.2007 passed in exercise of powers under Section 3(2) of the Prevention of Black Marketing & Maintenance of Supplies of Essential Commodities Act, 1980 ("P.B.M. Act" for short) detaining him.

(2.) THE brief facts of the case are that on 11.09.2007, inspection of the premises of the detenu was carried out by the competent Authority and the detenu was found to be involved in unauthorized activity of purchase, store and sale of blue kerosene. Thereafter, the detenu came to be detained by the Authority vide impugned order.

(3.) THOUGH the detenu has challenged the order of detention by this petition on various counts, learned advocate appearing for the detenu has restricted his arguments to the aspect of non -consideration of the representation by the Central Government only. It is submitted by the learned advocate for the detenu that the Central Government has not considered the representations forwarded by the State Government on the ground that the original affidavit was not received by them. He further submitted that the detaining authority has not forwarded the report and the facts to the State Government and merely on assumption and presumption without considering any material on record, the detention order was passed which has rendered the continued detention illegal.