NAGAMANI Vs. COMMISSIONER OF POLICE GREATER CHENNAI

JUDGEMENT

(1.) THIS Habeas Corpus Petition has been filed by the petitioner, the father of the detenu praying for issuance of Writ of Habeas Corpus, to call for the records pertaining to the detention order dated 27.11.2001 and quash the same and set the detenu Senthil Kumar at liberty forthwith.

(2.) THE facts that are necessary for disposal of this petition, as follows: THE Inspector of Police, Civil Supplies, CID, Chennai Unit,Chennai, on cogent and reliable information that P.D.S.rice were being illegally hoarded at a godown in the area of Mattumanthai, Kaladipet, Thiruvotiryur, Chennai and on the direction issued by the higher officers, along with his police party, proceeded to the above said place at 2100 hours on 22.11.2001. On the search made by the said police party, they found 50 bags of P.D.S.rice in the godown bearing No. 52, Srinivasapuram, West Mada Street, Kaladipet, Thiruvotriyur, Chennai-19 and the detenu was in possession of the said P.D.S.rice. THE detenu was arrested and confessional statement was recorded in connection with the transport of the P.D.S.rice. According to the confessional statement, the detenu used to purchase rice from the ration shops of Kaladipet and Thiruvotriyur area and sell it to the dealers coming from Andhra at high rates. THE detenu had not shown any licence to do such business. THE above said 50 bags of P.D.S.rice weighing 100 kgs. each were recovered under cover of Mahazar attested by witnesses. THE detenu along with the said P.D.S.rice was brought to the Civil Supplies C.I.D. Chennai unit office and registered a case in Cr.No. 227 of 2001 under Cls.4(1) and 19(1) of TNETA (respondent) Order, 1984, and Sec.6(2)(3) of TNSC (RDCS) Order, 1982 read with 7(1)(a)(ii) of E.C.Act, 1955 at 2330 hours on 23.11.2001. THE Inspector of Police, based on the confessional statement and material evidence collected during the raid, after handing over the rice to Tamil Nadu Civil Supplies Corporation Godown, Chennai Region, recommended for detention of the detenu under prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980 as Sponsoring Authority.

(3.) WE have heard the arguments of both sides and perused the records including the file relating to the detention of the detenu produced by the State.