E SANGEETHA Vs. SECRETARY TO GOVERNMENT COOPERATION FOOD AND CONSUMER PROTECTION DEPARTMENT SECRETARIAT

JUDGEMENT

(1.) CHALLENGE is made to an order of the second respondent made in C3.D.O.No,53/2009 dated 27.06.2009 whereby the husband of the petitioner namely Elangovan was ordered to be detained under the provisions of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 branding him as a black marketeer.

(2.) THE affidavit in support of the petition along with all the materials including the order under challenge are perused. THE Court heard the learned counsel for the petitioner.

(3.) ADDED further learned counsel, a pre-detention representation was made by the petitioner on 16.6.2009 and a communication was served upon the detenu as if the same was rejected. The date of rejection is found as 27.6.2009 which was the date of the detention order. Apart from that, a reading of the communication would indicate that it was signed on behalf of the detaining authority only on 29.6.2009. Thus, it would be clear, on the date when the order came to be passed, the pre-detention representation was available at the hands of the authority but the same was not considered. ADDED further learned counsel that there was arrest intimation card which contains a column for the signature of the accused but the signature of the accused was not found. Hence, the order under challenge suffers from all the above said aspects and the order has got to be set aside.