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2023 Supreme(Guj) 939

A. S. SUPEHIA, M. R. MENGDEY
Vikrambhai @ Bhikhabhai Natrvarbhai Rana – Appellant
Versus
District Magistrate – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. KISHAN H DAIYA
For the Respondent: MR ROHAN RAVAL, KSHITIJ M AMIN

JUDGMENT :

A.S. SUPEHIA, J.

Leave to amend.

1. By way of the present petition under Article 226 of the Constitution of India, the petitioner has challenged the order of detention dated 15.05.2023 passed by the respondent–District Magistrate, Surat, in exercise of powers under Section 3 (2) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980, by which he has been detained with a view to prevent him from acting in prejudicial manner to the maintenance of supplies of the commodities essential to the community.

2. Learned Advocate, Mr.Daiya for the petitioner has mainly argued that though the order of detention is bad in law, illegal, unconstitutional, null and void, he would submit that on the ground of non-application of mind on the part of the Detaining Authority in recording his subjective satisfaction for passing the detention order. He submitted that in absence of any material which would satisfy the Authority, who has passed the impugned order, it is totally non-application of mind on the part of the Authority. It is respectfully submitted that, the order of detention has been passed on 15.05.2023 on the basis of single FIR but if we l

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