NAGARAJ Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) CHALLENGE is made to an order of detention made by the second respondent dated 27.5.2009, whereby the brother-in-law of the petitioner by name Shanmugam @ Shanmugasundaram was ordered to be detained under the provisions of Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act 1980 terming him as a black marketeer.

(2.) THE affidavit in support of the petition along with the grounds of attack are perused. Also the materials and in particular the order under challenge are perused.

(3.) ADDED further the learned Counsel that the said PDS rice was actually recovered as per the records on 18.4.2009, and a case came to be registered that the Analyst's report is dated 21.4.2009, as could be seen from page 83 of the booklet but the statement of the Analyst was recorded by the Inspector of Police, Civil Supply CID, under Sec.161 Cr.P.C., on 18.4.2009 itself and signed by him as could be seen from page 85, that when it was actually placed before the analyst only on 20.4.2009, how the statement could be given or recorded on 18.4.2009 is a matter of surprise, and under the circumstances, a clarification should have been called for, but not done so.