Facts of the Case

The petitioners challenged the preventive detention orders dated 26.04.2022 issued by the District Magistrate, Surat under the Prevention of Black Marketing and Maintenance of Supply of Essential Commodities Act, 1980.

The case arose from a raid conducted on 14.12.2021, during which authorities allegedly recovered Neem Coated Urea intended for agricultural purposes but allegedly diverted for industrial and commercial use. Following investigation, an FIR was registered under the Fertilizer (Control) Order, 1985, the Essential Commodities Act, 1955, and relevant provisions of the IPC.

The petitioners contended that:

  • Some of them were not named in the FIR.
  • They were arrested only on the basis of statements of co-accused.
  • They had already been released on regular bail.
  • No fresh material existed after their release to justify preventive detention.
  • Vital documents supplied along with the grounds of detention were illegible.
  • Their representations against detention were never properly considered by the competent authority.

The petitions were heard together since they arose from the same facts and common detention orders.

Issues Involved

  1. Whether preventive detention could be sustained when relied-upon documents supplied to the detenues were illegible.
  2. Whether failure to promptly forward and decide the detenues' representations violated constitutional safeguards under Article 22(5).
  3. Whether detention based primarily upon a single criminal case without fresh material after grant of bail satisfied the requirements of preventive detention law.

Petitioners' Arguments

The petitioners submitted that:

  • The detention orders violated Articles 21 and 22 of the Constitution of India.
  • They were not directly connected with the alleged offence except through statements recorded during investigation.
  • After release on bail, no fresh material was available to establish any continuing prejudicial activity.
  • Mere registration of an FIR cannot automatically justify preventive detention.
  • Several relied-upon documents, including the panchnama and bail order, were supplied in an illegible form, depriving them of the opportunity to make an effective representation.
  • Detailed representations submitted through jail authorities were not communicated to or decided by the competent State Government, thereby violating constitutional safeguards.

Respondent's Arguments

The State Government contended that:

  • Laboratory testing confirmed that the seized material was Neem Coated Urea, a subsidized fertilizer meant exclusively for agricultural use.
  • The petitioners allegedly sold subsidized fertilizer in the black market for industrial purposes without possessing the required licence.
  • The material was allegedly purchased at subsidized rates and resold at substantially higher prices using different packaging and invoices describing it as Carbamide.
  • Large quantities of fertilizer had allegedly been diverted over several months, affecting public distribution.
  • The detention orders were therefore justified in order to prevent black marketing of essential commodities.

The Union of India also supported the detention order and stated that it had not received the representation allegedly submitted by the detenues.

Court Order / Findings

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

The Court held that:

  • The panchnama and bail order relied upon by the detaining authority formed part of the grounds of detention.
  • Supply of illegible copies is equivalent to non-supply of documents.
  • Such non-supply deprived the detenues of their constitutional right to make an effective representation under Article 22(5).
  • The Court relied upon the Supreme Court decision in Dharmista Bhagat v. State of Karnataka (1989 Supp (2) SCC 155), which held that failure to supply legible copies of relied-upon documents vitiates preventive detention.
  • The Court further observed that although the petitioners had submitted representations, the State Government failed to establish that those representations were promptly forwarded to and considered by the competent authority.
  • Failure to process the representations constituted an independent violation of constitutional safeguards.
  • Consequently, the detention orders dated 26.04.2022 were declared illegal and set aside, and the detenues were directed to be released forthwith if not required in any other case.

Important Clarification

This judgment reiterates that:

  • Preventive detention must strictly comply with constitutional safeguards.
  • Every document relied upon by the detaining authority must be supplied in a clear and legible form.
  • Illegible documents are legally treated as non-supplied documents.
  • The detenue's constitutional right to make an effective representation cannot be frustrated by administrative lapses.
  • Representations submitted against detention must be promptly forwarded and decided by the competent authority.
  • Procedural safeguards under Article 22 are mandatory, and any violation renders preventive detention unsustainable.

Sections / Provisions Involved

  • Article 21 of the Constitution of India
  • Article 22(5) of the Constitution of India
  • Article 226 of the Constitution of India
  • Section 3 of the Prevention of Black Marketing and Maintenance of Supply of Essential Commodities Act, 1980
  • 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
  • Dharmista Bhagat v. State of Karnataka, 1989 Supp (2) SCC 155
  • Mehrunissa v. State of Maharashtra, (1981) 2 SCC 709

Link to Download the Order

https://mytaxexpert.co.in/uploads/1785395479_2345compressed.pdf

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