SCA/26833/2007 1/6 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 26833 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE MD SHAH sd/- ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= MAHESHBHAI SHANKARBHAI RANA - Petitioner(s) Versus THE DISTRICT MAGISTRATE & 3 - Respondent(s) ========================================================= Appearance : MR PRAVIN GONDALIYA for Petitioner(s) : 1, Mr A A Dave, AGP for Respondent(s) : 1 - 2, 4, MR M.IQBAL A SHAIKH for Respondent(s) : 3, ========================================================= CORAM : HONOURABLE MR.JUSTICE MD SHAH Date : 18/01/2008 ORAL JUDGMENT 1. By way of this Special Civil Application under Article 226 of the Constitution of India, the petitioner SCA/26833/2007 2/6 JUDGMENT has challenged the order of detention dated 3.8.2007 passed by the District Magistrate, Vadodara in exercise of powers under section 3(2) of the Prevention of Black Marketing and Maintenance of Supply of Essential Commodities Act, 1980 (for short, “the Act”) with a view to prevent the petitioner from black marketing essential commodities like Wheat, Rice, kerosene etc. and acting in any manner prejudicial to the maintenance of supplies of essential commodities essential to the community. 2. On 12.7.2007, during a surprise inspection carried out by the Mamlatdar of Virpur village of the fair price shop run by Jagdishbhai, it was found that essential commodities mentioned above, were transported to the flour mill run by the detenu. It is alleged that the present detenu was indulging in transporting the above items from the fair price shop at the lower rate and selling them by way of flour at a higher rate in open market and certain irregularities such as deficiency of stock as per stock register, bogus bills issued in the name of bogus customers were also noticed. Subsequently, the present petitioner came to be detained by the detaining authority by the impugned order. 3. Heard the learned advocate for the detenu and SCA/26833/2007 3/6 JUDGMENT the learned AGP and the Addl.Central Government Standing Counsel for the respondents. 4. Though the detenu has challenged the order of detention by this petition on various counts, learned advocate appearing for the detenu has restricted his arguments to the aspect of delay in consideration of the representation by the Central Government. It is submitted by the learned advocate for the detenu that the Central Government has rejected the representation forwarded by the State Government on the ground that para wise comments were not received by them. He further submitted that the detaining authority has not forwarded the report and the facts to the State Government and merely on assumption and presumption without considering any material on record, the detention order was passed and there is unexplained delay in deciding the effective representation which has rendered the continued detention illegal. 5. Learned AGP submitted that the representation dated 11.10.07 made by the wife of the detenu was was placed before the Jail authority on 23.10.2007 and they in turn forwarded the same to the Food, Civil Supplies & Consumer Affairs Department which was received by the SCA/26833/2007 4/6 JUDGMENT Special Branch of the said department on 26.10.07. Thereafter the file was placed before the Joint Secretary who cleared the file on 2.11.07. After examining the representation, it was noted that comments were called for from the State Government vide letter dated 31.8.2007 on certain averments made in the representation. The State Government was reminded on 10.9.2007, 18.9.2007 and 4.10.2007. Para-wise comments of the State Government was received by the Central Government on 11.10.2007. After considering the representation along with the factual reports and grounds of detention and other relevant records of the case, the same was rejected by the Competent Authority on 19.10.2007. The decision was conveyed to Superintendent, District Jail, Bhavnagar on 19.10.2007. He further stated that at the time of passing the order of detention, they had sent the grounds of detention along with all the materials on which the detaining authority passed the order of detention to the Central Government and on the basis of those, the Central Government has decided the representation submitted by the detenu. Therefore, it was not required to sent the same again while considering the representation made by the petitioner which was forwarded to the Central Government. SCA/26833/2007 5/6 JUDGMENT 6. Affidavit-in-reply has been filed by Under Secretary, Department of Consumer Affairs, New Delhi. I have gone through contents of the affidavit-in-reply. It seems another representation received by the Central Government on 23.8.2007. After considering the reports and grounds of detention and other relevant recoards of the case, the same was rejected on 21.9.2007. The decision was conveyed to the Jail Authority on 21.9.2007. Another representation dated 11.20.2007 made by on behalf of the detenu is pending with the State Government. 7. It is pertinent to note that when the grounds of detention were forwarded along with all the materials to the Central Government, there is no reason for the Central Government to call for para-wise remarks from the State for which no explanation is given by the Central Government. Hence there is no substance in the arguments advanced by the Central Government Standing Counsel that the delay was caused because of non-receipt of para-wise comments from the State Government. 7. Taking into consideration the above facts, in the opinion of this court, sufficient or cogent reasons are not given for rejecting the representation of the detenu by the Central Government. Similarly no cogent reasons are given for the delay in deciding the SCA/26833/2007 6/6 JUDGMENT representation made by the detenu. Hence the order passed by the detaining authority is required to be quashed and set aside. 8. In the result, this Special Civil Application is allowed. The impugned order of detention dated 3.8.2007 passed by the District Magistrate, Vadodara is hereby quashed and set aside. The detenu is ordered to be set at liberty forthwith, if not required in any other case. Rule is made absolute accordingly. Direct Service is permitted. Sd/- [M.D. SHAH, J.] msp