PRAKASH NARAYAN RAMDHARI PANDE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this writ petition under Article 226 of the Constitution of India detention order dated 9.8.1998 passed by the District Magistrate, Ahmedabad, under Section 3(2) of Prevention of Black Marketing and Maintenance of Essential Commodities Act, 1980 (for short "the Act") has been challenged with further prayer that the petitioner be released from illegal detention.

(2.) Brief facts are that upon receiving information on 2nd July 1998 that Bombay Garage Petrol Pump, Ahmedabad, was engaged in illegal activity of adulterating petrol an essential commodity with solvent liquid available at cheap price, that raid was conducted by the officers of the Inspection staff. Petitioner who is said to be the cashier and is also attending and is also looking after the accounts, maintenance of register, unloading of petrol, etc. was present. Sample was taken. It was found that solvent was being mixed with petrol. Sample collected was sent for chemical analysis. The report of the Chemical Analysis was supplied to the petitioner. There are other three persons directly connected with this business and illegal activity, viz. Rajniben Bhagat, who is said to be Director and William Lowrence and Prabhakar Kashinath. The petitioner was caught red handed adulterating petrol with solvent. Other persons ran away. The petitioner also tried to run away.

(3.) From the report of the Chemical Analysis it was found that solvent was added in petrol and difference density and octane number, etc. was also found. On previous occasion also this concern was found adulterating petrol with solvent. On account of difference in density found in earlier surprise checking conducted on 14.12.1994 that a case No.238/95 is pending in the competent Colurt against this very concern. Finding that the activity of the petitioner and his associates was not only illegal, but in violation of various orders issued under the Essential Commodities Act, that the impugned order was passed.