RAHAMATH NISHA Vs. GOVERNMENT OF TAMIL NADU

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 Cr.M.P.No.25/Black Marketeer/2017/C1, by the detaining authority against the detenu, by name Kaja alias Kajamoidheen, aged 42 years, S/o (Late) Hatheem, residing at Door No.128, Srinivasapuram Extension, Bhavani, Bhavani Taluk, Erode District and quash the same.

(2.) The Inspector of Police, Civil Supplies Criminal Investigation Department, Erode Unit, 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 cases.

(3.) Further, it is averred in the affidavit that on 23.11.2017, at about 23.30 hours, while the Inspector of Civil Supplies Criminal Investigation Department, Erode Unit was on duty, the Inspector of Police, Anthiyur Circle, has produced the persons, namely, Maran and Veeran of Gandhi Nagar, Paruvachi, Bhavani Taluk along with 16 tons of Public Distribution System rice in 320 white colour plastic bags, and also produced a Taurus Tanker Lorry bearing Registration Number KA 01AC 4777 and a white colour Maruti van bearing registration Number TN 37R 6371. After observing due formalities, a case has been registered in Crime No.123 of 2017 under Section 6(4) of TNSC (RDCS) Order 1982 read with Section 7(1)(a)(ii) of Essential Commodities Act, 1955 against the said persons and others and ultimately, requested the detaining authority to invoke the provisions of Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Central Act 7 of 1980).