DINESH KUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE cousin of the detenu Saravan is the petitioner herein and he has filed the Habeas Corpus Petition challenging the order of detention dated 13.1.2011 made in Cr.M.P.No.l/ 2011(CS), passed by the second respondent.

(2.) ON the recommendation made by the Sponsoring Authority citing two adverse cases in (i) Crime No. 1297/2010 registered on the file of Uthukuli Police Station, Tiruppur District, for the alleged offence punishable under Section 6(4) of TNSC (RDCS) Order 1982 read with 7(l)(a)(ii) of Essential Commodities Act, 1955 and (ii) Crime No.25/2010 registered on the file of Tiruppur Civil Supplies Criminal Investigation Department for the alleged offence punishable under Section 6(4) of TNSC (RDCS) Order 1982 read with 7(l)(a)(ii) of Essential Commodities Act, 1955 and the ground case in Crime No. 107/2010 registered on the file of Tiruppur Civil Supplies Criminal Investigation Department for the alleged offence punishable under Section 6(4) of TNSC (RDCS) Order 1982 read with 7(l)(a)(ii) of Essential Commodities Act 1955, and after looking into the materials available, the second respondent viz. the District Magistrate and District Collector Tiruppur District, formed an opinion that the detenu was to be termed as "BLACK MARKETEER" since his activities were prejudicial to the maintenance of supplies of essential commodities to the public as contemplated under Section 3(2)(a) read with 3(1) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 and in order to prevent him from indulging in such activities in future, an Order of detention under the Essential Commodities Act, 1980, was necessary. Based on the said subjective satisfaction expressed by the detaining authority it passed the order of detention dated 13.1.2011. The said Order is under challenge in this petition.

(3.) IN para - 7 of the grounds of detention, the detaining authority has informed the detenu that he can make a representation to the Central Government and if he chooses to do so, he should send such a representation to the following address: