MARIAMMAL Vs. ADDITIONAL SECRETARY GOVERNMENT OF INDIA

JUDGEMENT

(1.) THIS Writ Application challenges the order of detention made by the third respondent in Detention Order No. 21/2008(CS) dated 21.12.2008 whereby the petitioner's husband was ordered to be detained under the provisions of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act 1980(Act 7 of 1980) terming him as a "Black Marketeer".

(2.) IT is not in controversy that pursuant to the recommendation made by the sponsoring authority that the detenu was involved in four adverse cases viz., Crime No. 643/2007 registered by Madurai Civil Supplies Criminal Investigation Department; Crime Nos. 360/2008 and 380/2008 registered by Virudhunagar Civil Supplies Criminal Investigation Department; Crime No. 965/2008 registered by Dindigul Civil Supplies Criminal Investigation Department, which were all registered under the one and same Sections 6(4) of TNSC(RDCS) Order 1982 read with 7(1)(a)(ii) of Essential Commodities Act 1955 and in one ground case in Crime No. 1011/2008 under Section 6(4) of TNSC (RDCS) Order 1982 r/w 7(1)(a)(ii) of E.C. Act 1955 registered by Dindigul Civil Supplies Criminal Investigation Department, the detaining authority, after looking to the materials available, took the view that the activities of the detenu would clearly indicate that for the purpose of enriching himself, at the cost of the poor people, he was acting against the public distribution system and since the activities of the detenu were against the maintenance of supplies of the essential commodities and hence, he should be branded as "Black Marketeer" and an order of detention was to be passed and accordingly, the order was made, which is the subject matter of challenge before this Court.

(3.) ALL the above grounds would go to show that it is an utter carelessness on the part of the detaining authority to pass such an order and serve on the detenu. In such circumstances, it would be suffice to set aside the order of detention. Accordingly, the order of detention is set aside. The detenu is directed to be set at liberty forthwith unless he is required in connection with any other case. The Habeas Corpus Petition is allowed.