HATHEEM Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) THE petitioner Hatheem, father of the detenu by name Kaja Moiddheen, who was detained as a "black Marketeer" as contemplated 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 detention order dated 09. 07. 2006, challenges the same in this Petition.

(2.) HEARD learned senior counsel for the petitioner as well as the learned Additional Public Prosecutor for the respondents.

(3.) MR. B. Kumar, learned senior counsel for the petitioner after pointing out several discrepancies in the documents relied on, particularly the quality certificates issued by the Civil Supplies Corporation, Erode Region, submitted that in the absence of proper explanation by the person concerned, the ultimate detention order passed by the detaining authority cannot be sustained. Elaborating the above contention, learned senior counsel for the petitioner took us through the quality certificates issued by the Quality /assistant Quality Control Inspector, and pointed out the relevant portion of the certificates, which read as under. According to the learned senior counsel for the petitioner, in the penultimate paragraph the irrelevant statements have not been scored out. He further contended that what was the sample seized ordered to be sent for analysis by the Court was not analysed. He further pointed out that there is no acceptable material to hold that the seized rice belongs to Public Distribution System (PDS ). He also submitted that irrelevant materials have been referred to in the quality certificates.