TMI Blog1998 (11) TMI 694X X X X Extracts X X X X X X X X Extracts X X X X ..... n of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980. 3. The grounds of detention briefly indicate that a licence to sell kerosene to the ration card holders at subsidised price was granted to the shop owner Hiralal Prajapati. The petitioner was employed as salesman by Hiralal Prajapati. A raid was conducted by Supply Department to the shop of Hiralal Prajapati. It was found that the petitioner was present in the shop. He was selling kerosene in black market. One bogus customer Vijaybhai Mahijibhai Jadav who did not possess any ration card was sold 10 litres of kerosene at black market price of ₹ 7/- per litre against the fixed price of ₹ 2.65 per litre. The detention order further speaks that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... detenu-petitioner sent to the State Government was dealt with promptly and was ultimately rejected and the detenu was informed of the rejection order vide Government letter dated 19-8-1998. The representation of the detenu was dated 10-8-1998. There was thus no delay on the part of the State Government in deciding the representation. Additional ground taken in the writ petition by virtue of amendment that there was delay on the part of the State Government in deciding the representation of the petitioner has thus no merit. 5. So far as delay on the part of the Central Government is concerned, I again find no substance in this contention. The affidavit of Shri Jatinderbir Singh, Director in the Department of Consumer Affairs, Ministry of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cond representation plea of non-disturbance of public order was raised. Another representation was made to the Advisory Board by the wife of the detenu. Representation was also made to the Chief Minister of the State of Gujarat through fax message. In this case it was found that other representations were considered well in time and the representation addressed to the Chief Minister was not attended. It was on these facts that the detenu's detention was held to be illegal. However, the facts before me are altogether different. The representation sent to the State Government was decided so also the representation made to the Advisory Board and to the Central Government. Since it could not be shown to my satisfaction that additional groun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctions of the shop-keeper. Reference has been made to the counter- affidavit filed today and it was argued that on the statement of the shop- keeper that he was at pooja and upon the report of the Advisory Board the shop-keeper was released from detention. However, there is no material of any kind to indicate that the shop-keeper had given instructions to the petitioner not to sell kerosene in black market on any ground and to any customer whatsoever. Likewise there is nothing on record to show that the profit earned by indulging in black marketing activity was pocketed only by the petitioner and the shop-keeper did not get any share in such profit. Consequently, mere absence of the shop-keeper at the time of raid will not be distinguishabl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es to be set aside. So far as the factual aspect is concerned, it is clearly averred in ground (g) of the writ petition that the shop owner was released on the opinion of the Advisory Board. This has not been controverted in the two affidavits filed on behalf of the State Government. On the other hand, it is admitted now during the course of argument that the shop owner was released and his detention has been quashed on the opinion of the Advisory Board. 10. Consequently, it is a case of clear violation of Article 14 of the Constitution of India inasmuch as one co-accused having identical role was released and his detention was set aside while the detention of the petitioner was maintained. The petition, therefore, succeeds and is her ..... X X X X Extracts X X X X X X X X Extracts X X X X
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