S BALAMANI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner, wife of the detenu by name P. Samuel, who was incarcerated at Central Prison, Coimbatore, by an order dated 22. 8. 2007 of the second respondent under the provisions of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Act 7/1980) branding him as a Black Marketeer, seeks a writ of Habeas Corpus to call for the records in connection with the order of detention dated passed in C. No. 07/pbmmsec. Act/is/2007, to set aside the same and to direct the respondents to produce the detenu before this Court and set him at liberty.

(2.) ON 11. 8. 2007, the police party attached to Civil Supplies CID Unit, Coimbatore, inspected the premises belonged to one Samuel, the detenu herein, on the foot that the rice meant for Public Distribution System is being used illegally, found that the ration rice has been grinded as flour and sold in the form of 'idly', 'dosa', etc. On the basis of the voluntary confession given by the detenu that one Sundar used to give ration rice to him and using the same, he grinded it as flour and sold in the aforesaid forms, he was arrested and the wet grinders and samples of four were seized. A case in Coimbatore Civil Supplies CID Crime No. 396/2007 was registered under Section 6 (4) of T. N. S. C. (RDCS) Order 1982 r/2 7 (1) a (ii) of E. C. Act. and the detenu was produced before the Judicial Magistrate No. IV, incharge of Judicial Magistrate NO. II, Coimbatore, who remanded him to judicial custody.

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