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1990 Supreme(Guj) 153

J.U.MEHTA, S.M.SONI
POKHRAJBHAI SOHANBHAI CHANDEL – Appellant
Versus
DISTRICT MAGISTRATE,surat – Respondent


Advocates Appeared: H.M.BHAGAT, P.M.THAKKAR, R.R.Tripathi

MEHTA, J.

( 1 ) THE petitioner-detenu has challenged the legality and validity of the order of detention, dated 7-9-1990 passed by the District Magistrate, Surat, under the provisions of the Prevention of Blackmarketing and Maintenance of supplies of Essential Commodities Act, 1980.

( 2 ) THE petitioner is a licence-holder of a Fair Price Shop and is detained on 9-9-1990 in pursuance of the order of detention dated 7-9-1990, passed by the District Magistrate, Surat, as aforesaid. The allegations are that the activities of the petitioner are prejudicial to the maintenance of supply of essential commodities. It is alleged in the grounds of detention that the petitioner sold the quota of Wheat of Fair Price Shop in the open market and the same is sold to a Flour Mills, viz. Dilip Enterprise, Navsari on higher rates.

( 3 ) LEARNED Advocate for the petitioner submitted that it is imperative that the detaining authority must serve the grounds of detention which praying to quash and set aside the order of detention dated 7-91990. (1) 1989 Supp. (2) SCC 155. include also all the relevant documents which had been considered in forming the subjective satisfaction by the detaining authority be






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