MADANLAL HIRALAL SAVARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This writ petition under Art. 226 of the Constitution of India in the nature of Habeas Corpus petition has been filed challenging the illegal detention of the petitioner for flagrant violation of Clause 22 of Gujarat Essential Commodities etc. Order, 1981 and condition No. 8 of the licence given under the said order regarding fixation of price of kerosene.

(2.) The brief facts are that the order of detention was passed by the Detaining Authority against the petitioner on 11-4-1998 in exercise of powers under Sec. 3(2) of Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980.

(3.) The grounds of detention briefly indicate that a licence to sell kerosene to the ration card holders at subsidised price was granted to the shop owner Hiralal Prajapati. The petitioner was employed as salesman by Hiralal Prajapati. A raid was conducted by Supply Department to the shop of Hiralal Prajapati. It was found that