P. R. GOKULAKRISHNAN, J.

( 1 ) SPECIAL Criminal Application No. 427 of 1986 comes up before the Full Bench on a reference made by a Division Bench of our High Court. The petitioner herein is sought to be detained under the provisions of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act 1980 On 6-12-1985 his premises were searched and kerosene tins were seized. On 20-2-1986 a detention order was made under sec. 3 (1) of the said Act. Since the petitioner was absconding a notification was issued in the Official Gazettee as provided under sec. 7 (1) (b) of the said Act. This was on 29 On 3-4-1986 this Special Criminal Application was filed wherein the petitioner prayed for quashing the detention order as abinitio void and illegal. There is a further prayer for grant of stay against the execution of the order of detention passed by the second respondent who is the Deputy Secretary to Government Food and Civil Supplies Department Government of Gujarat. A Division Bench of our High Court presided over by D. C. Gheewala and J. P. Desai JJ. issued rule nisi on 4-7-1986 and granted stay as prayed for. Since the Division Bench felt difficulty in answeri

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