SURESHBHAI ALIAS SHASHIKANTBHAI SHANKARBHAI RANA Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) BY way of this Special Civil Application under Article 226 of the Constitution of India, the petitioner has challenged the order of detention dated 3. 8. 2007 passed by the District Magistrate, Vadodara in exercise of powers under section 3 (2) of the Prevention of Black Marketing and Maintenance of Supply of Essential Commodities Act, 1980 (for short, "the Act") with a view to prevent the petitioner from black marketing essential commodities like Wheat, Rice, kerosene etc. and acting in any manner prejudicial to the maintenance of supplies of essential commodities essential to the community.

(2.) ON 12. 7. 2007, during a surprise inspection carried out by the Mamlatdar of Virpur village of the fair price shop run by Parulben Jagdishbhai, it was found that essential commodities mentioned above, were transported to other shops for selling at higher rate. It appears from the grounds of detention that the detenu is working as a driver of tempo which was owned by the brother of the present detenu. It is alleged that the present detenu was indulging in transporting the above items from the aforesaid fair price shop for the purpose of selling at a higher rate in open market and certain irregularities such as deficiency of stock as per stock register, bogus bills issued in the name of bogus customers etc. were also noticed. Subsequently, the present petitioner came to be detained by the detaining authority by the impugned order.

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