S CHELLA KUTTY Vs. SECRETARY TO GOVERNMENT COOPERATIVE FOOD AND CONSUMER PROTECTION DEPARTMENT CHENNAI

JUDGEMENT

(1.) THIS petition challenges an order of detention made by the second respondent against one Saravanan @ Saravanakumar the friend of the petitioner herein, dated 12.7.2010, branding him as a black marketeer under the provisions of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act 1980, after recording the subjective satisfaction that the activities of the detenu were prejudicial to the public distribution system.

(2.) THE Court heard the learned Counsel for the petitioner and the materials available are looked into.

(3.) THE learned Counsel took the Court to page Nos.77 and 79 of the booklet which contained the arrest card and remand report respectively; that both the documents would include not only the provisions of the E.C. Act, but also Sec.307 IPC; but the FIR would clearly indicate that no case under Sec.307 IPC was registered against the detenu; that under the circumstances, it would be quite clear that the authority has not applied its mind, and hence the order of the detaining authority has got to be set aside.