M SELVI Vs. DISTRICT COLLECTOR AND THENI DISTRICT

JUDGEMENT

(1.) In this writ petition filed under Article 226 of the Constitution, challenge is made to the order of the 1st respondent, dated 28.02.2010, whereby one Manoharan, husband of the petitioner, was ordered to be detained under the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980, branding him as a "Black Marketeer".

(2.) The affidavit and the materials filed in support of the petition, in particular the order under challenge, are looked into. The Court heard the learned counsel for the petitioner.

(3.) It is not in controversy that pursuant to the recommendations made by the Sponsoring Authority that the said Manoharan was involved in two adverse cases, as detailed below, Sl.No. Police Station Provisions of law & Crime Number 1. Uthamapalayam Civil Supplies U/s.6(4) of TNSC (RDCS) Order 1982 Criminal Investigation Dept. r/w S.7(1)(a)(ii) of EC Act, 1955 Cr.No.599/2008 2. Uthamapalayam Civil Supplies U/s.6(4) of TNSC (RDCS) Order 1982 Criminal Investigation Dept. r/w S.7(1)(a)(ii) of EC Act, 1955 Cr.No.230/2009 and also in the ground case Crime No. 65/2010, registered under Section 6(4) of TNSC (RDCS) Order 1982 r/w S.7(1)(a)(ii) of EC Act, 1955 on the file of Uthamapalayam Civil Supplies Criminal Investigation Department that he was found in possession of 40 bags of Public Distribution System Rice, each containing 50 kgs., on 20.02.2010, in which he was arrested on the very day and remanded to judicial custody, on scrutiny of the materials placed before him, the detaining authority, the 1st respondent herein, after recording his subjective satisfaction that the activities of the alleged detenu are prejudicial to the maintenance of public distribution system made the order under challenge.