ALAGURAJA Vs. THE ADDITIONAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THE petitioner, who is the father of the detenu/A. Prabakaran, branded as a 'Black Marketer' in detention order, H.S. (M) No. confidential No. 05./2014 dated 28.05.2014 by the 3rd respondent/District Magistrate and District Collector, Tuticorin District, has sought for a Writ of Habeas Corpus.

(2.) THE detenu has come to adverse notice of the police in three cases. First case has been registered in Tuticorin Civil Supplies Criminal Investigation Department Crime No. 177/2012, under Section 6(4) of Tamilnadu Scheduled Commodities (Regulation of distribution by card system) Order 1982 read with Section 7(i)(a)(ii) of the Essential Commodities Act, 1955; second case has been registered in Tuticorin Civil Supplies Criminal Investigation Department Crime No. 72/2013, under Section 6(4) of Tamilnadu Scheduled Commodities (Regulation of distribution by card system) Order 1982 read with Section 7(i)(a)(ii) of the Essential Commodities Act, 1955 and the third case has been registered in Tuticorin Civil Supplies Criminal Investigation Department Crime No. 315/2013, under Section 6(4) of Tamilnadu Scheduled Commodities (Regulation of distribution by card system) Order 1982 read with Section 7(i)(a)(ii) of the Essential Commodities Act, 1955. In the first adverse, charge sheet has been filed and the case is pending trial. Adverse cases 2 and 3 are under investigation. Ground case has been registered in Tuticorin Civil Supplies Criminal Investigation Department Crime No. 118/2012, under Section 6(4) of Tamilnadu Scheduled Commodities (Regulation of distribution by card system) Order 1982 read with Section 7(i)(a)(ii) of the Essential Commodities Act, 1955, in which, the detenu has been remanded. On being satisfied that the detenu is indulging in activities, which are prejudicial to the maintenance of supplies of commodities essential to the community, the detaining authority, has clamped a detention order, on the detenu. At paragraph 4 of the grounds of detention, the Detaining Authority has concluded as follows: -

(3.) ATTENTION of this Court was invited to the averments made in the counter affidavit, wherein, with reference to the abovesaid ground, it is stated as follows: -