NAGESWARI Vs. DISTRICT COLLECTOR & DISTRICT DINDIGUL

JUDGEMENT

(1.) CHALLENGE is made to an order of the first respondent made in No.3/2009 (CS) dated 27.2.2009, whereby the husband of the petitioner herein by name Steepanraj was ordered to be detained under the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980, branding him as a Black Marketeer.

(2.) THE Court heard the learned Counsel for the petitioner and looked into all the materials available and in particular, the order under challenge.

(3.) ADDED further the learned Counsel that while such an order of detention was passed, it is mandate in law that within a period of seven days, all the materials pertaining to the grounds of detention must be placed before the Central Government; that the order was passed actually on 27.2.2009; that the counter of the Central Government would read that it was sent on 5.3.2009 by the State Government and received by the Central Government on 20.3.2009; that it is true that the date 5.3.2009 would fall within the period of seven days from the date of order namely 27.2.2009; that had it been true that it was really despatched on 5.3.2009, by the State Government why it has reached the Central Government only on 20.3.2009 with such a delay; that the same would mean that it has taken 15 days for the transit of the report; that this would clearly indicate that it could not have been sent on 5.3.2009 as averred in the counter, and it has got to be proved by the department and on these grounds, the order must be set aside.