Facts of the Case

The petitions arose from a common order of preventive detention dated 26.04.2022 passed by the District Magistrate, Surat, under the Prevention of Black Marketing and Maintenance of Supply of Essential Commodities Act. The detention orders were challenged through multiple Special Civil Applications before the Gujarat High Court.

The matter originated from a raid conducted on 14.12.2021, where authorities allegedly recovered Neem Coated Urea intended for agricultural use from a warehouse. The authorities alleged that the fertilizer was diverted for industrial and commercial purposes through various entities, including the petitioners, resulting in registration of an FIR under the Essential Commodities Act, the Fertilizer (Control) Order, 1985, and relevant provisions of the IPC.

Some petitioners contended that they were not named in the FIR and were implicated only on the basis of statements of co-accused. They were arrested, subsequently released on regular bail, and later subjected to preventive detention several months after the FIR. The petitioners argued that there was no fresh material justifying detention after their release on bail and that the detention orders violated constitutional safeguards.

Issues Involved

  1. Whether the preventive detention orders were legally sustainable when based primarily on a single criminal case without fresh material after grant of bail.
  2. Whether supplying illegible copies of relied-upon documents amounted to non-supply of grounds of detention, thereby violating Article 22(5) of the Constitution.
  3. Whether failure to promptly forward and decide the detenues' representations rendered the detention orders unconstitutional.
  4. Whether the detention orders violated Articles 21 and 22 of the Constitution of India and principles of natural justice.

 

Petitioners’ Arguments

The petitioners submitted that:

  • Several petitioners were not named in the FIR and no direct recovery was made from them.
  • Their implication was based only on statements of co-accused.
  • They had already been granted regular bail and no fresh material existed to justify preventive detention.
  • The detention orders relied upon a single criminal case, which by itself could not establish activities prejudicial to the maintenance of supplies of essential commodities.
  • Important documents, including the panchnama and bail orders relied upon by the detaining authority, were supplied in illegible form, preventing them from making an effective representation.
  • Detailed representations submitted to the competent authorities after detention were not considered or communicated within a reasonable time, violating constitutional protections guaranteed under Article 22(5).

Respondents’ Arguments

The State Government contended that:

  • Laboratory analysis confirmed that the seized material was Neem Coated Urea, a subsidized fertilizer meant exclusively for agricultural purposes.
  • The petitioners did not possess the necessary licence for sale of such fertilizer.
  • Investigation revealed that the petitioners had sold substantial quantities of the fertilizer in the black market under the description of industrial carbamide.
  • Documentary evidence, including transport records and invoices, established repeated commercial transactions involving approximately 1150 tonnes of fertilizer worth over ₹2.17 crore.
  • The detention orders were therefore justified in order to prevent black marketing of essential commodities.

The Union of India also supported the detention orders while stating that it had not received the detenues' representations.

Court Order / Findings

The Gujarat High Court allowed all the petitions and quashed the preventive detention orders.

The Court observed that:

  • Documents relied upon in the grounds of detention must be supplied in a legible form. Supplying illegible copies is equivalent to non-supply of documents and deprives the detenue of the constitutional right to make an effective representation under Article 22(5).
  • The Court relied upon the Supreme Court judgment in Dharmista Bhagat v. State of Karnataka (1989 Supp (2) SCC 155), reiterating that failure to supply legible copies of relied-upon documents vitiates preventive detention.
  • The detenues had submitted representations which were received by the authorities; however, the State failed to establish that those representations were promptly forwarded to and considered by the competent authority.
  • Failure to process and decide the representations constituted a serious violation of constitutional safeguards governing preventive detention.

Accordingly, the detention orders dated 26.04.2022 were quashed and the detenues were directed to be released forthwith, if not required in any other case.

Important Clarification

This judgment reiterates several settled principles governing preventive detention:

  • Preventive detention must strictly comply with constitutional safeguards under Articles 21 and 22.
  • Every document relied upon by the detaining authority must be supplied in a clear and legible form.
  • Non-supply or supply of illegible documents is treated as denial of effective representation.
  • Authorities must promptly forward and decide representations submitted by detenues.
  • Procedural lapses alone are sufficient to invalidate preventive detention irrespective of allegations on merits.
  • Preventive detention cannot survive where constitutional procedural protections are violated.

Sections Involved

  • Articles 21 and 22 of the Constitution of India
  • Article 226 of the Constitution of India
  • Prevention of Black Marketing and Maintenance of Supply of Essential Commodities Act
  • Sections 3 and 7 of the Essential Commodities Act, 1955
  • Section 25(1) of the Fertilizer (Control) Order, 1985
  • Sections 406, 409, 487 and 114 of the Indian Penal Code

Link to Download the Order

https://www.mytaxexpert.co.in/uploads/1785395325_2333compressed.pdf

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