S KALPANA Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) This petition challenges an order of detention made by the second respondent dated 3.5.2010, whereby the husband of the petitioner by name Madurai Sampath @ Sampath 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 for the 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 pursuant to the recommendations made by the sponsoring authority that the detenu was involved in four adverse cases namely (1) Civil Supplies, CID, Chennai Unit, Crime No.482/2009 under Sec.6(4) of TNSC (RDCS) Order 1982 read with 7(i)(a)(ii) of Essential Commodities Act 1955; (2) Civil Supplies, CID, Chennai Unit, Crime No.543/2009 under Sec.6(4) of TNSC (RDCS) Order 1982 read with 7(i)(a)(ii) of Essential Commodities Act 1955; (3) Civil Supplies, CID, Chennai Unit, Crime No.210/2010 under Sec.6(4) of TNSC (RDCS) Order 1982 read with 7(i)(a)(ii) of Essential Commodities Act 1955 and (4) Civil Supplies, CID, Chennai Unit, Crime No.212/2010 under Sec.6(4) of TNSC (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.214/2010 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 13.4.2010, when he was found in possession of 50 bags of PDS rice each containing 50 Kgs., the detaining authority after scrutiny of the entire materials and recording the subjective satisfaction that the activities of the detenu were prejudicial to the supplies of commodities essential to the community, has made the order under challenge.