SAGUNTHALADEVI Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) This petition challenges an order of detention made by the second respondent dated 30.6.2010, whereby the son of the petitioner by name Mari was ordered to be detained under the provisions of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act 1980, branding him as a Black Marketeer.

(2.) The Court heard the learned Counsel fort he petitioner and also looked into all the materials available and in particular, the order under challenge along with the grounds of detention.

(3.) It is not in controversy that the sponsoring authority has made a recommendation that the detenu was involved in two adverse cases namely (1) Civil Supplies, CID, Chennai Unit Crime No.303/2010 under Sec.6(4) of TNSC Rules (RDCS) Order 1982 read with 7(i)(a)(ii) of Essential Commodities Act 1955 and (2) Civil Supplies, CID, Chennai Unit Crime No.309/2010 under Sec.6(4) of TNSC Rules (RDCS) Order 1982 read with 7(i)(a)(ii) of Essential Commodities Act 1955 and also in a ground case registered by Civil Supplies, CID, Chennai Unit, in Crime No.309/2010 under Sec.6(4) of TNSC (RDCS) Order 1982 read with 7(i)(a)(ii) of Essential Commodities Act 1955 and Sections 403, 353 and 307 IPC for an occurrence that took place on 29.5.2010 when he was found in possession of 30 bags of PDS rice each containing 50 Kgs., and on scrutiny of the entire materials, the second respondent after recording subjective satisfaction that the activities of the detenu were prejudicial to the maintenance of supplies of commodities essential to the community, was of the opinion that an order of detention has got to be passed and accordingly, made the order which is the subject matter of challenge.