VIRENDRAKUMAR CHANDUBHAI DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition, the detenu has challenged the order of the respondent no. 2 - District Magistrate, Junagadh dated 15/3/2013 passed in exercise of powers under Section 3(2) of the Prevention of Black Marketing & Maintenance of Supplies of Essential Commodities Act, 1980 ("P.B.M. Act" for short) detaining him.

(2.) INSPECTION of the premises of the detenu was carried out by the competent Authority and the detenu was found to be involved in unauthorized activity of selling essential goods. Thereafter, the detenu came to be detained by the Authority vide impugned order.

(3.) THERE is no explanation by the State Government and Central Government in not considering the representation made by the petitioner. Hence, there is no substance in the arguments advanced by the standing Counsel for the Central Government that the representation could not be considered. In the case of Rajindra (supra), the Hon'ble Apex Court has held in para 2 as under :