T.SOWJANYA Vs. PRINCIPAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The petitioner has challenged the detention order dtd. 31/8/2018 passed by the second respondent against the petitioner's husband Amarnath under the Prevention of Black Marketing and Maintenance of Supplies and Essential Commodities Act, 1980 (Act 7 of 1980).

(2.) The case in the detention order is that the detenu has been continuously indulging in smuggling of rice meant for Public Distribution System. On 18/4/2018, the detenu was involved in smuggling of 25 bags of PDS rice each weighing 75 kgs without any authorization. Though the smuggled goods and the vehicle used for smuggling were seized by the police, the detenu escaped arrest. A case was registered in Cr.No.78/2018 and the same is under investigation.

(3.) Thereafter, on 9/8/2018, again the detenu smuggled 2 bags of PDS rice containing 50 kgs in a two wheeler, without any authorization. Therefore, he was arrested on 9/8/2018. On investigation, it was found that the detenu collected PDS rice from the family card holders of Pernambut, Pasmarpenta, Aravatla and surrounding places at a meagre price of Rs.6.00kg and smuggled the same to Nellipatla, Andhra Pradesh for selling at a higher price of Rs.18.00kg. He also confessed that he was involved in this practice for the past two years. Therefore, a case has been registered in Cr.No.149/2018 under Sec. 6(4) of TNSC(RDCS) order 1982 r/w 7(1)a(ii) of Essential Commodities Act, 1955 and remanded to judicial custody on 9/8/2018. Thereafter, the detention order was passed on 31/8/2018. Challenging the said detention order, the petitioner has come before this Court.