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1991 Supreme(Guj) 75

S.B.MAJMUDAR, K.J.VAIDYA
RASIKLAL NATHULAL SHAH – Appellant
Versus
DISTRICT MAGISTRATE, himatnagar – Respondent


Advocates Appeared: D.M.SHAH, P.M.THAKKAR, RAVI R.TRIPATHI

MAJMUDAR, J.

( 1 ) IN this petition under Art. 226 of the Constitution, the petitioner who is detained under the provisions of the Prevention of blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 (the Act for short) has brought in challenge the order of his detention as passed by the District Magistrate, Sabarkantha at Himatnagar on 19-11- 1990 and as approved by the State of Gujarat under the Act, on diverse grounds. The order is passed against the detenu who was having a licence as a retail dealer in Kerosene and Crude at village Adpodra in Himatnagar Taluka of sabarkantha District. The impugned order recites that with a view to preventing him from acting in any manner prejudicial to the maintenance or supplies of commodity essential to the community, it was necessary to detain him. The aforesaid order of detention has been brought in challangc on diverse grounds. However, one ground was submitted in the forefront at the time of final hearing of this petition. The said ground has been highlighted in paras (h) and (i) of the petition. It is stated therein that only 5 days after the order of detention of the petitioner, i. e. , on 24-11-1990, the petitione










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