GIRISHCHANDRA BHAGUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has challenged the legality and validity of the order of detention dated 17/12/1988 passed by the District Magistrate Bharuch under the provisions of Sec. 3(2) of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act 1983 (hereinafter referred to as the Act). The order was executed on 19/12/1988 The maximum period of preventive detention as provided under the Act is six months. Therefore had the petitioner remained in detention continuously he would have been released by now. But it is stated at the Bar that on six different occasions the petitioner has been temporarily released by the State Government by issuing order under Sec. 15 of the Act. Such period of temporary release is of about 100 days. The petitioner has challenged the order of detention and his continued detention as being illegal and void and has therefore prayed that he be released forthwith.

(2.) The grounds of detention supplied to the petitioner-detenu disclose that the petitioner is the proprietor of fair price shop; that he indulged in activities prejudicial to the maintenance of supplies of essential commodities such as wheat rice and sugar. The details of such activities mentioned in the grounds are as follows:

(3.) It is contended that the petitioner has surrendered his licence of fair price shop and therefore he will have no opportunity to indulge in same or similar type of activities. Therefore his continued detention is not necessary and he should be released forthwith. It is not admitted by the other side that the petitioner has surrendered his licence. In view of this disputed position and in the facts and circumstances of the case since the petition is capable of being decided on other points we do not think it necessary to decide this contention.