VANARAJ Vs. STATE REPRESENTED BY THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE; SECRETARY, GOVERNMENT OF TAMILNADU, CO-OPERATION, FOOD AND CONSUMER PROTECTION DEPARTMENT AND THE SECRETARY, GOVERNMENT OF INDIA, FOOD AND CONSUMER PROTECTION DEPARTMENT

JUDGEMENT

(1.) This Writ Application challenges the order of detention passed by the first respondent made in M.H.S.Confdl. No. 13/2009 dated 28.1.2009 whereby the petitioner's brother-in-law was detained under the provisions of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act 1980 (Act 7 of 1980) branding the detenu as a "Black Maketeer".

(2.) Consequent upon the recommendation made by the sponsoring authority that the detenu was involved in the Crime No. 8/2009 under Section 3(1)(a)(b)(c), 4(1)(b)(c)(2), 6 and 7(1)(b)(c) LPG (Regulation of Supply and Distribution) Order 2000 read with 7(I) a (II) of Essential Commodities Act, 1955 was registered by the Tirunelveli Civil Supplies CID, when he was found in illegal possession of domestic gas cylinder, which was meant for the purpose of public distribution system on 20.1.2009, after looking into all the materials made available, the detaining authority came to the conclusion that the activities of the detenu were prejudicial to the public distribution of gas cylinders in order to enrich himself and should be ordered to be detained under the prevention of the detention law branding him as a "Black Marketeer" and accordingly, made the order under challenge which is the subject matter of challenge before this Court.

(3.) Assailing the order of detention, the learned Counsel brought to the notice of the Court, the following two main points: