PRABHAKARAN Vs. STATE

JUDGEMENT

(1.) THE petitioner, brother-in-law of the detenu, by name Rajangam, who was incarcerated at Central Prison, Cuddalore, pursuant to the order of detention dated 16. 7. 2007 passed by the second respondent under the provisions of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) branding him as a Black Marketeer, seeks a Writ of Habeas Corpus to set aside the order of detention and to direct the respondents to produce the above said detenu before this Court and set him at liberty.

(2.) ON 10. 7. 2007, the police party attached to Civil Supplies CID Unit, Cuddalore, while engaged in surveillance near G. S. T. Road, at the backyard of an oil shop, found the detenu in possession of a plastic can with full of 50 litres of kerosene oil and on interrogation, he disclosed that he collected kerosene oil from the card holders at a lower price and stored huge quantity of kerosene in barrels and used to sell the same at a higher price. The detenu was arrested and his confession statement was recorded, on the basis of which a case in Crime No. 226 of 2007 on the file of CSCID, Cuddalore was registered. The detenu was, later, produced before the learned Judicial Magistrate No. II, Villupuram for remanding into judicial custody.

(3.) THE second respondent, taking note of the above case as a ground case, having satisfied that there is a compelling necessity to detain him in order to prevent him from indulging in the activities which are prejudicial to the maintenance of public distribution of essential commodities, ordered his detention dubbing him as a Black Marketeer.