VIVEKBHAI CHHOTUBHAI CONTRACTOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this writ petition under Art. 226 of the Constitution of India, the prayer is to issue a writ of certiorari for quashing the detention order dated 31-7-1998 passed by the District Magistrate, Surat under Sec. 3(2) of the Prevention of Black-Marketing and Maintenance of Supplies of Essential Commodities Act. 1980 and for a writ of habeas corpus for immediate release of the petitioner from illegal detention.

(2.) From the grounds of detention the following brief facts emerged for consideration.

(3.) Vivek Gas Agency is a retail gas agency for distributing refill gas cylinders in Surat and licence was issued in the name of Chhotubhai Narsinhbhai Contractor who is father of the petitioner. Licence was renewed upto 31-12-1998. Inspection of the said gas agency was made by the Supply Department on 18-5-1998 and during the course of inspection large-scale irregularities were found in allocating new refill gas connections to the customers. The detention order dated 31-7-1998 was passed against the licence-holder Chhotubhai Narsinhbhai Contractor. He is absconding. He was declared as absconder by the Chief Judicial Magistrate. Surat. The licence-holder submitted an application to the Chief Minister on 1-6-1998 that since last ten years he is not directly handling the business of gas agency. It seems that since he is Ex. MLA, therefore, he preferred to approach the Chief Minister. However, the irregularities were not liable to be ignored. Such irregularities continued for a period of ten years. Number of consumers were interrogated and it was found that several consumers confirmed that in the years 1995-96 large number of illegal gas connections were issued by the petitioner. Deputy Manager (Sales) Surat, Bharat Petroleum Limited vide letter dated 18-5-1998 informed the Collector, Surat about these irregularities. Bharat Petroleum Corporation Limited terminated the gas agency vide letter dated 14-5-1998. When serious irregularities were detected licence-holder submitted written reply dated 11-11-1997 to Bharat Petroleum Corporation Limited where he admitted the irregularities and requested for one chance and assured that no future irregularities will be committed. The agency of the licence-holder which was granted on 6-5-1983 was terminated on 14-5-1998. Still illegal connections were issued by the petitioner, hence the detention order was passed. This order of detention has been challenged by the learned Counsel for the petitioner on several grounds.