S ARUMUGAM S/O K SAKKARAI Vs. SECRETARY TO GOVERNMENT, FOOD CO-OPERATION AND CONSUMER PROTECTION DEPARTMENT AND ORS

JUDGEMENT

(1.) Challenging the order of detention dated 22.11.2006, passed by the 4th respondent, terming the detenu by name Karuppu @ Gunasekaranas as a 'Black Marketeer' under the provisions of Section 3(2)(a) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Act 7 of 1980) on the ground that twice he committed offence under Section 6(3) and (d), 6(4) of TNSC (RDCS) order 1982 read with Section 7(i)a(ii) of the Essential Commodities Act 1955 and 6(4) read with 9 of PDS Control Order, 2001 and Sections 411, 414, 353 and 506(i) IPC and thus he acted in the manner prejudicial to the maintenance and supplies of commodities essential to the community, the petitioner, the co-brother of the detenu, has approached this Court with the above habeas corpus petition.

(2.) The Court heard the learned Counsel for the petitioner as well as the learned Additional Public Prosecutor.

(3.) The order under challenge is perused, from which it could be seen that two cases came to be registered against the detenue, that is, one adverse case in Crime No. 481/2006 registered under Section 6(3) and (d), 6(4) of TNSC (RDCS) Order 1982 read with Section 7(i)a(ii) of the Essential Commodities Act 1955 and 6(4) read with 9 of PDS Control Order, 2001 and Sections 411, 414, 353 and 506(i) IPC and also the ground case in Crime No. 678/2006 registered under Section 6(4) of TNSC (RDCS) Order, 1982 read with Section 7(i)a(ii) of the Essential Commodities Act, 1955 and Sections 353, 506(i) IPC and thus he is a habitual offender and thus he has been termed as a "black marketeer" and he has also acted in the manner prejudicial to the maintenance and supplies of commodities essential to the community and therefore the order under challenge was to be passed, according to the detaining authority.