1. By way of this Special Civil Application under Article 226 of the Constitution of India, the present petitioner has challenged the order of detention dated 7/4/2012 (Annexure 'A'), passed by the District Magistrate, Rajkot, in exercise of powers conferred under sub-section (2) of section 3 of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (for short, 'the Act') with a view to prevent the petitioner from black marketing essential commodities like wheat and acting in any manner prejudicial to the maintenance of supplies of essential commodities essential to the community.
2. Heard learned advocate for the petitioner and learned AGP for the State.
3. Learned advocate Mr.Joshi for the petitioner submitted that co-detenu of this case was released by this Court (Coram : J.C.Upadhyaya,J) vide order dated 12.7.2012 passed in Special Civil Application No.7290 of 2012. He produced copy of the said order on record.
4. On perusing the order dated 12.7.2012, it transpires that the coordinate Bench of this Court released the co-detenu of this case, after detailed discussion.
5. In view of the above, I am inclined to allow this petitioner on the ground of parity.
6. The petition is allowed. The impugned order of detention dated 07.04.2012 passed by the District Magistrate, Rajkot passed against the detenu is hereby quashed and set aside. The detenu is ordered to be set at liberty forthwith, if not required in any other case. Rule is made absolute accordingly. Direct service is permitted.
( M.D.Shah, J ) srilatha