Decided on October 18,1988

District Magistrate Bharuch Respondents


KAPADIYA, J. - (1.)The petitioner-detenu has filed the present petition challenging the legality and validity of the impugned detention order dated 17-6-1983 passed by the District Magistrate Bharuch under Section 3 (2) of the Prevention of Blackmarketing and Maintenance of of Supplies of Essential Commodities Act 1980 on his being satisfied with respect to the present petitioner that with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies of commodities like wheat rice levied sugar and pamolene oil essential to the community it was necessary to make an order directing him to be detained. The petitioner was also served with the order of detention as well as grounds of detention on the same data.
(2.)Looking to the contentions raised in the petition and the point pressed before us by Shri R. L. Patel learned Advocate for the petitioner it is not necessary to state in details the facts alleged in the grounds of detention. However it may be mentioned that there were some irregularities found in running the fair price shop by the petitioner. It is alleged that petitioner holds licence ND. 6/87 for running Govt. recognised fair price shop at village Caliba in Jaghadia taluka of Bharuch District; the petitioner also holds retail licence No. 101 under the Gujarat Essential Articles (Licensing Control and Stock Declaration) Order 1981 That petitioner supplies cereals levy sugar pamolein and other essential articles on ration cards under various schemes of the Govt. On 24-5-1988 by permit No. 908038 the petitioner had purchased 30 quintals of wheat 30 quintals of superfine rice 5 quintals of sugar and 3 quintals of gur and 800 kgs. of pamolein oil from the Gujarat State Civil Supplies Corporation godown at Jaghadia; that the said stock was loaded in a truck No. GTK 2411 and was being taken through Netrang to the petitioners fair price shop at village Caliba; that in the meanwhile on the way the petitioner had unloadad a stock of 15 quintals of wheat 15 quintals of rice and I quintal and 90 kgs. of pamolein oil from the said truck and kept the same in the room hired by Sikanderkhan Selankimat at village Kadvali for selling the same at high rate in blackmarket; that thereafter the said truck was stopped at village Netrang by the Prant Officer and stock of 15 quintals of wheat 15 quintals of superfine rice 5 quintals of sugar and quintal 90 kgs. of pamolein was found; that the petitioner has thus diverted 15 quintals of wheat 15 quintals of rice 1 quintal 90 kgs. of pamolein oil from the stock obtained from the godown on 24-5-1988 by permit and that the said stock has not been brought to the fair price shop and the same had been sold at high price in blackmarket. Some other irregularities are also mentioned in the grounds of detention which not be referred to.
(3.)Various contentions have been raised in this petition challenging the said detention order. However Mr. H. L. Patel learned Advocate for the petitioner has pressed before us contention which is raised in para 14 of the petition. He submits that the representation was made by the petitioner-detenu to various authorities including the Central Govt. on 13-7-1988 and that the said representations to the respondents No. 1. and 2 and 3 were sent through jail on the same day. He further submits that there is great delay in considering the representation made by the petitioner through jail by the respondents No. 1 2 and 3. At the hearing Mr. Patel submits that the petitioners representation made to the General Govt. has not been considered so far.

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