IMPORTANT POINT
Detention orders must be issued promptly; undue delay without justification can render such orders illegal.

JUDGMENT :

ILESH J. VORA, J.

1. By this petition under Article 226 of the Constitution of India, petitioner – Kanubhai Revjibhai Rathva has challenged the order dated 22.02.2024 passed by the respondent – District Magistrate, Panchmahal directing him to be detained under the provisions of the Prevention of the Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (hereinafter referred to as “the PBM Act of 1980” for short).

2. The said order has been passed in purported exercise of powers conferred by sub-section (1) read with sub- clause (b) of sub-section (2) of Section 3 of the said Act.

3. Brief facts giving rise to file the petition are that, the applicant detenue is the fair price shop owner having licence to do business in the essential commodities, allegedly granted by the State Government. The place of the business is at Ranipura, Tal.: Ghogambha, Dist.: Panchmahal. On 25.11.2023, the surprise inspection was carried out by the District Supply Officer. During the inspection, it was noticed that, as per the supply of the State Government, the stock was not tallied with the online data. There was huge deficiency in the stock of multiple grains as without maintaining proper stock register, the deficit stock of multiple grains were sold in open market for personal gains. In such circumstances, the sponsoring authority proposed to detain the applicant under the Act of PBM of 1980 to prevent him in acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community.

4. In the aforesaid set of circumstances, by exercising powers under Section 3(1) of the PBM Act of 1980, the District Magistrate, Panchmahal passed detention order dated 22.02.2024 and the same was executed upon the applicant. At the time of execution, the grounds for the detention along with the material relied by the authority concerned has been provided to the detenue.

5. The present petition is directed against the order of the detention.

6. We have heard learned counsel Mr.A.Y. Charkha for the applicant and Mr.L.B. Dabhi, learned APP for the respondent – State.

7. Mr.Charkha, learned counsel appearing for and on behalf of the applicant detenue, made the following submissions:

(A) That there is a delay in passing the order of detention, which is evident from the order of the detention itself as the same was passed on 22.02.2024, whereas the surprise inspection was undertaken on 25.11.2023. That in absence of any complaint in the interregnum, the conclusion of the detaining authority that it was necessary to detain the applicant with a view to preventing him from acting in a manner prejudicial to the maintenance to the supplies of the commodities essential to the community has no rationality and there is no material placed before the authority to show that applicant would indulge in future in such kind of activities and therefore, while passing the order, the authority did not apply its mind and in a mechanical manner, without any material, the order was passed.

8. In view of the aforementioned submissions, learned counsel Mr.Charkha would submit that, the detention order is passed to punish the applicant herein and in absence of any material, the subjectie satisfaction arrived at by the detaining authority would show that the order impugned has been passed in a mechanical manner and the same is required to be quahed and set aside.

9. On the other hand, opposing the application, learned State Counsel Mr.L.B. Dabhi would urge that during the inspection, huge deficiency in the stock of the essential commodities was noticed by the authority and at the end of the inquiry, it was found that the applicant sold the deficit stock of foodgrains in the open market for its personal gains, whereby he has committed the offence of Essential Commodities Act, and applicable control order and the said activity would directly bearing on the supply of essential commodities and therefore, considering the material placed before