RAJENDRA JAYANTILAL SABUGODA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners in all these Special Civil Applications seek a direction to quash and set aside the detention order passed against them under the provision of Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (hereinafter referred to as 'the Act'). It is not in dispute that the order of detention has yet not been served on any of the petitioners. In fact, the challenge is against the threatening action of the respondent to detain the petitioners under the provisions of the Act.

(2.) The petitioner in Special Civil Application No. 6493 of 1998 Mr. Rajendra Jayantilal Sabugoda, is working as Assistant Manager (Committee) with the Gujarat State Co-operative Marketing Federation Ltd. (hereinafter referred to as 'the Federation'). The object of the said Federation amongst other includes to arrange for the sale of produce of the member to the best advantage, to purchase and sell agricultural produce and farmers requisites, to act as agents on behalf of member of societies for sale of produce and supply of requisites, such as seeds, fertilizers, equipments and agricultural machinery etc. The say of the petitioner is that requirement of edible oil for the first academic term of the year 1997-98 for the midday meal scheme and integrative child development scheme for the year 1997-98, the office of the Commissioner, midday meal scheme, State of Gujarat and ex-officio Secretary, Education Department, State of Gujarat, requisitioned about 76,000 tins of ground nut oil and about 1,23,000 tins of cotton seeds oil. Thus a request was made to the Gujarat State Civil Supplies Corporation Ltd. (hereinafter referred to as 'the Corporation') to procure and make available the said quantity of edible oil. Pursuant to the requisition, the Corporation had invited tenders for sale and supply of about 76,000 tins of groundnut oil and about 1,23,000 tins of refined cotton seed oil from the Co-operative societies engaged in the production of edible oil. As per the tender notice, the Federation had submitted its tender dated 17.7.1997 for sale and supply of 20,000 tins of groundnut oil and 1,23,000 tins of refined cotton seeds oil. It is the say of the petitioner that the Federation has placed an order with one of the public limited Company, namely, Hynoup Food & Oil Industries Ltd. which has the modern processing and filter facilities in the State of Gujarat. This order was to be executed through one of the sister concerns of Hynoup Food and Oil Industries Ltd., in the name and style of Diamond Oil Industries Pvt. Ltd. Hynoup purchased loose oil equivalent to 25,000/- oil tins from open market and loose oil equivalent to 15,000 oil tins supplied by Federation from its Amreli depot. It is further say that the Corporation had not made suitable arrangement for taking sample of the groundnut oil in spite of repeated requests and on account of inaction of the Corporation the Federation suffered a huge loss. Due to insistence of the petitioner the Corporation took samples of edible oil on 13.10.1997 and that the samples were drawn as per the prescribed notes and total five samples were taken from the place where the stock of groundnut oil was stored. It is stated that after the sampling process was over, the tanks were sealed by the Civil Supply Department. Random sampling was done, which confirm the standard. After tinning process labels were fixed on the tins and then loaded in trucks hired by Corporation. Everything was done in presence of the Government Officers. After some time some inspections were carried out and it is alleged that groundnut oil did not confirm the prescribed standard, which has led to order of detention. According to the petitioner the proposed order of detention against him is illegal, being passed on extraneous and irrelevant ground.

(3.) In Special Civil Application No. 6596 of 1998 the petitioner, Ashwinbhai Purshottambhai Patel, Director of Hynoup Food & Oil Industries Ltd., a Company in the Oil Industry, which has a modern facilities for processing and filtration of oil. The say of the petitioner is that the Company is supplying groundnut oil under the brand some 'Maruti'. The Federation had requested the Company for execution of the tender for supply of 20,000 tins of groundnut oil and 1,23,000 tins of refined .cotton seeds oil. The Company in turn made arrangement with its sister concern Diamond Oil Industries Pvt. Ltd. which has a modern filtration plant at its unit at Kadi. Thus, according to the petitioner the contract of the Federation was to be executed through Diamond Oil Industries Pvt. Ltd. The say of the petitioner is that Diamond Oil Industries had to filter the oil and then store the same in tanks. The Corporation did not make suitable arrangement for taking sample of the groundnut oil in spite of repeated requests and on account of which, a huge loss was caused to the Federation. The say of the petitioner is that the proposed order of detention is ex-fade illegal and politically motivated.