(1.) That the detention order dated 6-7-1999 passed by the respondent No. 1 -District Magistrate, Ahmedabad against the petitioner in exercise of powers conferred under Section 3 (2) of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 ("PBM Act" for short) is challenged in the present petition under Article 226 of the Constitution.
(2.) xxx xxx xxx.
(3.) Mr. Patel, learned Advocate appearing for the petitioner has referred to and relied on the observations made by this Court in the matter of Gulabbhai Budhabhai Patel v. District Magistrate, Surat (1990 G.L.R. 1288) wherein it is observed that where the order is passed on one ground whereas the grounds supplied refers to a different matter, non-application of mind on the part of the detaining authority is disclosed and the order is bad. Mr. Patel has also relied on the observations made in the matter of T. N. v. Senthil Kumar and Anr. (1999 SCC (CRI.) 299 to support the submission that casual approach of the detaining authority in complying with the procedural safeguards prescribed by the constitutional guarantee results into infringement of a right conferred on a citizen under Article 22 (5) of the Constitution, and thereby, renders the detention order illegal.