DILIPBHAI BABUBHAI KAPADIA Vs. DISTRICT MAGISTRATE SURAT
HIGH COURT OF GUJARAT
DILIPBHAI BABUBHAI KAPADIA
District Magistrate, Surat And Others
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(1.) By this petition the petitioner challenges his detention pursuant to the order dated 20-9-1983 passed by the District Magis- trate Surat under sec. 3 (2) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act 1980 (hereafter referred to as the Act).
(2.) On 8-5-1983 one Umerbhai informed the District Magistrate Surat that Dilipbhai Babubhai Kapadia the detenu was illegally receiv- ing cement from the contractors executing the works of the Irrigation Department of the Government and selling the same in black market. The District Magistrate after getting the said information verified and on being satisfied that the petitioner was illegally dealing in cement and his activity was prejudicial to the maintenance of supplies of com- modity essential to the community passed the impugned order of detention with a view to preventing him from carrying on the said prejudicial activity.
(3.) First contention raised by Mr. Patel is that there was unreasonable delay on the part of the State Government in considering the representa- tion made by the petitioner; and that has rendered the continued detention of the petitioner illegal. He pointed out that the petitioner had made the representation against the order of his detention on 29 He further pointed out from the reply filed by the State that the representation was not considered till 6-10-1983. He submitted that this delay is not properly explained and should be regarded as unreasonable.;
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