KUNDANBHAI DULABHAI SHAIKH Vs. DISTRICT MAGISTRATE AHMEDABAD

JUDGEMENT

(1.) These two petitions filed under Article 32 of the Constitution of India for writs in the nature of habeas corpus were allowed by us by a short order on 21st November, 1995. We now proceed to give our reasons.

(2.) Kundandbhai Dulabhai Shaikh, petitioner in Writ Petition (Crl.) No. 491 of 1995 and Rameshchandra Somchand Shah, petitoner in Writ petition (Crl). No. 492 of 1995, were detained in jail in pursuance of the orders dated 16th August, 1995, passed by the District Magistrate, Ahmedabad and District Magistrate, Surat, respectively, under Section 3(2) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (for short, "Act"). These orders are contained in Annexure 'A' to the writ petition in both the cases. The grounds of detention were supplied separately, though on the same date, and they are contained in Annexure B.

(3.) Petitioner in Writ Petition (Crl). No 491/95 is the owner of a godown where 4 barrels containing 800 liters of kerosene meant for distribution to the public under the Public Distribution Scheme were found loaded on an auto-rickshaw. On enquiry made by the staff of the Supply Department, it was revealed that those barrels were brought from Shreeji Petroleum Agency, Sarkhej, at the instance of Shri Ishamilbhai who was in possession of the godown and that petitioner was the owner of the auto-rickshaw. Ishamibhai, on being questioned, gave out that kerosene in 4 barrels was loaded at his instance and that he was the tenant of the godown. The grounds contain various other details, which need not be mentioned here as those details are not relevant to the question on which we intend to dispose of this petition.