PRAMODKUMAR KANCHEDILAL JAIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The District Magistrate, Ahmedabad passed order dated 8/08/1999 detaining the petitioner under the provision of section 3[2] of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 [hereinafter referred to as `the PBM Act' for short].

(2.) In the grounds of detention, the detaining authority recorded that the petitioner in association with others had engaged in activities which were capable of disrupting supply of essential commodities like kerosene. The allegation made against the petitioner is that he has made illegal use of the controlled blue kerosene. The license is issued to the Ahmedabad Kerosene and Oil Supply cooperative Society Ltd., the petitioner is the Manager thereof and he has continued these illegalities for personal gain. After considering the possibility of resorting to less drastic remedy, the authority came to a conclusion that, in order to immediately prevent the petitioner from pursuing his illegal activities, detention under the PBM Act has been resorted to.

(3.) The main grounds of challenge in this petition are that the detaining authority has not considered the fact of pending prosecution in respect of the same incident. It is contended that material documents have not been placed by the sponsoring before the detaining authority and therefore, the decision taken by the detaining authority is affected and would, therefore, stand vitiated. Another ground that has been taken, is regarding delay in considering the representation dated 8/09/1999 and last ground is that certain documents which are supplied to the detenue, are not legible.