BABUBHAI BHIMJIBHAI PANCHAL Vs. DISTRICT MAGISTRATE GODHRA

JUDGEMENT

(1.) The petitioner has been detained pursuant to order dated 10/01/1989 passed by the District Magistrate Panchmahals at Godhra. The order of detention is passed under the provisions of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act 1986 (for short the Act)

(2.) The petitioner is a licence holder issued under the provisions of the Gujarat Essential Articles (Licensing Control and Stock Declaration) Order 1981 (hereinafter referred to as the Control Order of 1981 This control order is issued under the provisions of Essential Commodities Act 19559 As disclosed in the grounds of detention supplied to the petitioner-detenu it is alleged that the petitioner indulged in several irregularities in respect of essential commodities such as wheat rice sugar and pamolein oil. It is inter alia alleged that he did not maintain proper accounts that he issued fake bills and that the stock which was meant for distribution to the card holders was not distributed to them but he sold away the same is the open market in contravention of the relevant provisions of the Control Order 1981 and that of the Essential Commodities Act 1955 On the basis of the material placed before him the detaining authority was satisfied that it was necessary to detain the petitioner with a view to preventing him from acting in any manner prejudicial to the maintenance of supply of essential commodities. Hence the order of detention. The petitioner has challenged the legality and validity of the said order and has prayed that he be sot at liberty forthwith.

(3.) The order has been passed by the District Magistrate. Therefore as provided under Secs. 3(2) and (3) of the Act the order can remain in force for a period of twelve days unless the same is in the meantime approved by the State Government. It is an undisputed fact that the order has been passed on 10/01/1989 and it has been approved by the State Government on 23/01/1989 Thus the order has not been approved within the period of 12 days from the date of passing of the order. The period of twelve days expired on 22/01/1989 while the order has been approved on 23/01/1989 Therefore the question can the approval of the order of detention by the State Government on 13th day i. e. after the order of detention having lost its efficacy and after it became a dead letter can be validity approved and can such approval infuse life therein ? If not can it be allowed to remain in operation ?