D.KAVITHA Vs. THE SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India praying to call for the records relating to Detention Order dated 14.12.2017 passed in C3.D.O.No.127/2017 by the Detaining Authority, who has been arrayed as second respondent herein and quash the same.

(2.) The Inspector of Police, Civil Supplies Criminal Investigation Department, Vellore, as Sponsoring Authority, has submitted an affidavit to the Detaining Authority, wherein, it is averred to the effect that the detenu has involved in the following adverse case. i.Civil Supplies CID, Thiruvallur Unit Crime No.786/2011 registered under Sections 6[4] of TNSC [RDCS] Order, 1982 r/w 7[1][a][ii] of Essential Commodities Act , 1955 and also under Sections 353 , 323 and 307 of Indian Penal Code.

(3.) Further, it is averred in the affidavit that on 23.11.2017 at about 15.00 hrs, on receipt of information, the Inspector of Police, Civil Supplies CID, Vellore and other Police Constables have rushed to the village by name Ameerpet and found some persons unloading rice bags from a lorry bearing registration No.TN-21-H-9099 and they checked all the rice bags and ultimately, found that the same is PDS rice. After observing due formalities, a case has been registered against the present detenu and others in Crime No.207/2017 under Sections 6 [3] and 6[4] of TNSC [RDCS] Order 1982 r/w 7[1][a][ii] of Essential Commodities Act , 1955 and ultimately, requested the Detaining Authority to invoke Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 [Act 7 of 1980] against the detenu.