ASSIBATHMAHAPOORA Vs. STATE

JUDGEMENT

(1.) This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India praying to call for records relating to Detention Order dated 28. 11. 2017 passed in No. C2/33860/2017 by the Detaining Authority, against the detenu by name Anwar Ali, aged 52 years, S/o. Abdul Wahab, residing at No. 25, Madhakoil Street, Kannai Village, Vilupuram Taluk and District and quash the same.

(2.) The Inspector of Police, Civil Supplies CID, Cuddalore Unit, as Sponsoring Authority, has submitted an affidavit to the Detaining Authority, wherein, it is averred to the effect that the detenu by name Anwar Ali, aged 52 years, S/o. Abdul Wahab has involved in the following adverse case.

(3.) Further, it is averred in the affidavit that on 07. 04. 2017 at about 1 30 hrs, on information about smuggling and hoarding of essential commodities, vehicle check up has been made in National Highways, Viluppuram bye-pass, Virattikuppam Pathai near Kottapakkathuveli cross road and found TVS XL Super vehicle bearing registration No. TN32-B-3882 and also found the vehicles bearing registration Nos. TN20-AY-8462 and TN32-A-1987 and ultimately, found that the present detenu and others have smuggled PDS rice and after observing formalities, a case has been registered in Crime No. 38/2017 under Sections 6[4] of TNSC [RDCS] Order 1982 r/w 7[1][a][ii] of Essential Commodities Act, 1955. Further, it is averred in the affidavit that one Mohamed Ali alias Mubarak Ali, S/o. Abdul Wahab, brother of the present detenu has given a voluntary confession statement, wherein, he stated to the effect that his brother, viz. the present detenu has already involved in eight cases of similar nature 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] against the detenu.