CHAKKRATTHAI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE wife of the detenu has challenged the order of detention, dated 5.6.1997, passed by the District Magistrate and District Collector, Dharmapuri, in exercise of the powers conferred under Section 3(2)(a) read with Section 3(1) of the Essential Commodities Act, 1980 (hereinafter referred to as -the Act -), with a view to prevent the detenu from acting in any manner prejudicial to the maintenance of Supplies of Essential Commodities like P.D.S. Rice (Public Distribution System for Ration Cards) to the Public of Tamil Nadu.

(2.) IT is the case of the petitioner that though the name of her husband was not cited as an accused in the F.I.R., he was detained on 7.6.1997 under the Act. However, as an abundant caution, he moved anticipatory bail in Crl.O.P. No. 5956 of 1997 and was released by order dated 21.5.1997, with a condition that he shall report before the Triplicane Police Station, Triplicane, Chennai, every day until further orders. When he was complying with the condition, the sponsoring authority arrested him in the second adverse case in Crime No. 207 of 1996 on the file of the Civil Supplies C.I.D., Vellore and remanded to judicial custody on 28.5.1997. It is her case that the detenu has been implicated in three adverse cases and in one ground case, which are foisted for the purpose of detaining the detenu under the Act.

(3.) IN the counter -affidavit, the respondents have denied the allegations that the detenu was involved in the adverse case and ground case falsely, and defended the order of detention that it was passed after due investigation and verification of the statements of the lorry driver Ekambaram and others. The allegation that certain documents relating to the order of detention were not placed before the detaining authority is also denied and it is contended that enough materials were placed before the detaining authority based on which the detaining authority has satisfied himself that the detenu is a blackmarketter transporting and selling (PDS) ration rice to other States in contravention of the Act.