PANCHAVARNAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE second respondent herein clamped an order of detention as against the detenu Selvapandian, husband of the petitioner, as the said authority arrived at the subjective satisfaction that the detenu is a Black Marketeer and he has to be detained under Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980.

(2.) THE order of detention dated 29. 11. 2007 came to be passed by the second respondent on the basis of the ground case said to have taken place on 23. 11. 2007. On 23. 11. 2007, when the Special Tahsildar, Civil Supplies, Madurai East along with his party took up checking pertaining to discrepancies in supply of essential commodities, on reliable information, they searched the tin shed in front of Door No. 15h, 4th Santhu, Narasimmapuram, New Ramnad Road, Madurai and found 220 bags, weighing 50 kgs. each boiled rice intended for public distribution system were kept there and the detenu stated he is the owner of the said tin shed. The rice bags were seized and the and detenu was produced before the Inspector of Police, Civil Supplies Criminal Investigation Department for illegal hoarding of the rice intended for Public Distribution System. A case was registered in Madurai Civil Supplies Criminal Investigation Department Crime No. 930 of 2007 under Section 6 (4) of TNSC (RDCS) Order, 1982 read with Section 7 (1) (a) (ii) of the Essential Commodities Act, 1955. The detenu was arrested and remanded to judicial custody. 2. The detaining authority, having satisfied that the detenu is indulging in a manner prejudicial to the maintenance of supplies of commodities essential to the community in future, passed the impugned order.

(3.) CHALLENGING the above-said detention, the wife of the detenu has come forward with the present Habeas Corpus Petition seeking a writ of habeas corpus to call for the entire records leading to the detention of her husband - detenu, detained vide detention order dated 29. 11. 2007 on the file of the second respondent made in C. M. P. No. 06/2007, to quash the same and to consequently direct the respondents to produce the detenu before this Court and to set him at liberty from Central Prison, Madurai.