MOHAMMED SHERIFF Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner by name Mohammed Sheriff, son of the detenu L. Babu, who was detained as a "black Marketeer" under Section 3 (2) (a) read with 3 (1) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980, by the impugned proceedings dated 23. 12. 2005, challenges the order of detention in this petition.

(2.) IT is seen from the grounds of detention that the detenu L. Babu was engaged in smuggling of Kerosene meant for Public Distribution System (PDS ). Kerosene is an essential commodity as defined in Essential Commodities act, 1955 and it is being smuggled for disposal at higher prices in black market with a view to make a gain in contravention of the provisions of essential Commodities Act, 1955 and Tamil Nadu Kerosene (Regulation of Trade)Order, 1973. It is further seen that the activities of Babu are prejudicial to the maintenance of supplies of commodities essential to the community. The detenu has come to adverse notice in two cases for smuggling kerosene; in one case, the seized kerosene was confiscated to Government and he paid the fine of Rs. 10,000/- and in another case, two mini-door autos belonging to the detenu and carrying 11 and 12 cans of 35-litre capacity each containing kerosene respectively were seized and on deposit of Rs. 10,000/- by the detenu, the mini door autos were ordered to be released. In the ground case, 910 litres of PDS kerosene was seized. Hence, there was compelling necessity to detain him in order to prevent him from indulging in such activities in future which are prejudicial to the maintenance of the supplies of the commodities essential to the commodity under the provisions of Prevention of black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980.

(3.) HEARD Mr. Jeevagiridharan, learned counsel for the petitioner, mr. Abudukumar Rajarathinam, learned Government Advocate for respondents 1 and 2 and Mr. P. Kumaresan, learned Additional Central Government standing counsel for the third respondent.