UPENDRABHAI JASUBHAI JOSHI Vs. DISTRICT MAGISTRATE NAVSARI

JUDGEMENT

(1.) These two writ petitions under Art. 226 of the Constitution of India can be disposed of by a common judgment because on identical allegations the detention order was passed in the two cases by the Detaining Authority.

(2.) The detention order in both the cases was passed by the Detaining Authority on 22.7.1998. In brief the allegations were that petitioners were indulging in adulteration of HSD by mixing kerosene in large quantity and selling adulterated diesel at higher price and deriving huge profits by indulging in such activities. Petrol Pump was raided and several irregularities were found. The density of the diesel was not upto the mark. There was also discrepancy in the actual stock. No doubt detailed reasons have been given in the grounds of detention but it appears that ultimately the Detaining Authority found that not only adulterated diesel was being sold but less quantity was being supplied to the consumers and illegal profit of 70 paise per litre was being earned. The allegation of conspiracy against the petitioner in such activity was also disclosed in the grounds of detention. It was also noticed that the activities of the petitioners were punishable under Sec. 7 of the Essential Commodities Act. Accordingly, under Sec. 3 Sub-sec. (2) of the Prevention of Blackmarketing & Maintenance & Supply of Essential Commodities Act, 1980 the impugned order was passed.

(3.) The petitioners made representation to the Advisory Board, to the State Government as well as to the Central Government. Their representations were turned down. Consequently these writ petitions were filed.