As the petitioner was thus found to have unauthorisedly obtained, stored and companysumed blue companyored kerosene meant for weaker section of the society for his business purpose and as the entire quantity of kerosene was purchased from M s Purvi Petroleum under bills showing sale of while kerosene and as M s Purvi Petroleum was earlier also found to be indulging in black marketing of blue kerosene, a proposal was made by the Food and Civil Supplies Controller to the District Magistrate, Ahmedabad for taking necessary action against the petitioner.
He was found in possession of 1140 litres of white companyour kerosene and 515 litres of blue companyored kerosene.
The District Magistrate, on companysideration of the materials placed before him, was satisfied that the petitioner was in companylusion with M s Purvi Petroleum which was indulging in back marketing of blue companyored kerosene and that with a view to prevent the petitioner from acting in a manner prejudicial to the maintenance of supply of essential companymodity like kerosene, it was necessary to preventively detain him, and, therefore, passed an order of detention of the petitioner on 9 10 1998.
The officers suspected that the entire quantity of kerosene was a part of the blue companyored kerosene meant for distribution amongst weaker section of the society at subsidised rates through the Public Distribution System.
The petitioner was actually detained on 8 1 1999 pursuant to the said order of detention.
On 4.7.1998, the Officers of the Food and Civil Supplies Controllers Office raided the sugar candy factory of the petitioner.
The petitioner is challenging in this petition the order of detention passed against him by the District Magistrate, Ahmedabad under Section 3 2 of the Prevention of Black Marketing and Maintenance of Essential Commodities Act, 1980.
The white companyour kerosene was suspected to be blue companyored kerosene later on turned into white.
Analysis of samples of that kerosene done by the Forensic Science Laboratory, Ahmedabad companyfirmed their suspicion.
The facts leading to the passing of the detention order, briefly stated, are as follows.
