O PANDIAMMAL W/O P OTCHU @ OTCHATHEVAR Vs. DISTRICT COLLECTOR AND DISTRICT MAGISTRATE; STATE OF TAMIL NADU REPRESENTED BY SECRETARY TO GOVERNMENT, FOOD, CO-OPERATION AND CONSUMER PROTECTION DEPARTMENT AND; ADDITIONAL SECRETARIAT TO GOVERNMENT OF INDIA, DEPARTMENT OF CONSUMER AFFAIRS

JUDGEMENT

(1.) Challenge is made to the Detention Order dated 18.11.2008 made by the first respondent whereby the petitioner's husband one P.Otchu @ Otchathevar was detained under the Prevention of Detention Act terming him as "Black Marketeer" as defined under Section 3(2)(a) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Act 7/1980).

(2.) The petitioner is present and she has made her submissions.

(3.) On scrutiny of the order under challenge, it could be seen that the sponsoring authority placed his recommendations before the detaining authority viz., the first respondent when the detenu was found in possession and transporting 10 bags of PDS Boiled Rice each containing 50 kg and a case was registered in Crime No. 626/2008 Under Section 6(4) of TNSC (RDCS) Order 1982 r/w 7 (i) a (ii) of EC Act 1955 and equally following the same, he was found transporting 20 bags of PDS rice on 10.11.2008 and a case came to be registered by the same authority in Crime No. 631/2008 under the same provisions. Taking into consideration the materials available pertaining to these cases, the detaining authority took the view that P.Otchu @ Otchathevar has got to be termed as "black marketeer" and that an order of detention has got to be passed against him. Since he was selling PDS Rice in black market at higher rate with an intention to get more gain, the act of the accused has not only defeated the provisions of the Essential Commodities Act 1955 but also affected the interest of the common people. Hence, the detaining authority took the view that his activities were in a manner prejudicial to the Maintenance and Supplies of Commodities Essential to the Community and violated the provisions of Essential Commodities Act 1955 (Act 10 of 1955) and he was to be detained as Black Marketeer and made the order under challenge.