SURUBHA GOVUBHAI JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates for the respective parties.

(2.) The petitioner herein challenges the order of preventive detention dated 6/03/1999 made by the State Government under Section 3 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 [hereinafter referred to as, `the Act'].

(3.) The petitioner herein is a Manager in Jay Ambe Petroleum Services, situated at Kalol, District-Mehsana [hereinafter referred to as `the Petrol Pump']. Upon inspection, the stock of diesel maintained by the Petrol Pump was found to be adulterated. Upon analysis of such adulterated diesel, it was found to be adulterated by controlled kerosene which is supposed to be distributed amongst the domestic consumers, at a subsidized rate. The said illegal activity is alleged to have been committed by the owner Jayantilal D. Shah with the connivance of the present petitioner. Thus, the petitioner and the owner of the petrol pump are alleged to have used controlled kerosene for adulteration of diesel with a view to making personal gain. This has also resulted into disruption of the supply of controlled kerosene. Pending the proceedings against the petitioner and the owner Jayantilal, the licence for diesel was initially suspended for 90 days and it has since been cancelled. After the orders of detention were made, the licence for petrol also was cancelled. However, the implementation of the order of cancellation of the said licence has been stayed by the Government in revision preferred before it.