LAWS(MAD)-2014-7-331

KAMATCHIAMMAL, W/O RAMARAJ Vs. ADDITIONAL SECRETARY, GOVERNMENT OF INDIA; SECRETARY, GOVERNMENT OF TAMIL NADU; DISTRICT COLLECTOR AND DISTRICT MAGISTRATE; INSPECTOR OF POLICE, CSCID, DINDIGUL

Decided On July 10, 2014
KAMATCHIAMMAL, W/O RAMARAJ Appellant
V/S
ADDITIONAL SECRETARY, GOVERNMENT OF INDIA; SECRETARY, GOVERNMENT OF TAMIL NADU; DISTRICT COLLECTOR AND DISTRICT MAGISTRATE; INSPECTOR OF POLICE, CSCID, DINDIGUL Respondents

JUDGEMENT

(1.) The petitioner, who is the mother of the detenu Anandaraj @ Aanandaraj, branded as 'Black Marketeer' in detention order in No.10/2014 (CS), dated 03.04.2014 by the District Collector and District Magistrate, Dindigul District, has sought for a writ of Habeas Corpus Petition.

(2.) The Detenu has came to the adverse notice of the police in two cases. The first adverse case has been registered in Crime No.77 of 2014 under Section 6(4) of TNSC (RDCS) Order, 1982 r/w. 7(1)(a)(ii) of EC Act, 1955 on the file of the Civil Supplies CID, Madurai. The second adverse case has been registered in Crime No.119/2014 under Section 6(4) of TNSC (RDCS) Order, 1982 r/w. 7(1)(a)(ii) of EC Act, 1955 on the file of the Civil Supplies CID, Dindigul. Both adverse cases are pending investigation, when the order of detention was passed. The order of detention was passed on the basis of the ground case alleged to have registered on 28.03.2014 on the file of the Civil Supplies CID, Dindigul in Crime No.122/2014 under Section 6(4) of TNSC (RDCS) Order, 1982 r/w. 7(1)(a)(ii) of EC Act, 1955 in which he has been remanded. On being satisfied that the Detenu is habitually indulging in activities, affecting maintenance of supplies of commodities essential to the community, the Detaining Authority has clamped the Detention Order on the Detenu. At paragraph 5, the Detaining Authority has concluded as follows:

(3.) Challenging the Impugned Order, though the learned counsel for the petitioner inter alia has raised many contentions, We do not propose to go into all the grounds of challenge, since in our considered view, the point urged by the learned counsel for the petitioner that there was a delay in consideration of the representation merits acceptance.