JEEVAAMIRTHARAJ Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THE petitioner, who is the detenu/Jeevamirtharaj, branded as a 'Black Marketer' in Detention Order, C.M.P . No. 02/2014 (CS), dated 12.06.2014, by the 2nd respondent/District Collector and District Magistrate, Madurai District, has sought for a Writ of Habeas Corpus.

(2.) THE detenu has come to adverse notice of the police in Madurai Civil Supplies CID Unit Crime No. 42/13, under Section 6(4) of TNSC (RDCS) order 1982 r/w 7(1)(a)(ii) of Essential Commodities Act, 1955 and the case is under investigation. Ground case has been registered in Madurai Civil Supplies CID Unit Crime No. 231/14, under Sections 6(4) of TNSC (RDCS) order 1982 r/w 7(1)(a)(ii) of 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.) FROM the proforma furnished by the Secretary to Government, Co - operation, Food and Consumer Department, Chennai, it could be seen that the representation of the petitioner 16.06.2014 is stated to have been received by the Government on 19.06.2014 and remarks were called for from the sponsoring authority on 23.06.2014 and remarks were received on 03.07.2014. In between 23.06.2014 and 03.07.2014, there were 7 clear working and 2 Government Holidays. Thus, there is unexplained delay of 7 days in sending the remarks. At this juncture, this Court deems it fit to consider few decisions on the aspect of delay.