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2018 DIGILAW 1132 (MAD)

Sulaika v. State of Tamil Nadu, Rep. by its Secretary to Government, Home, Prohibition Excise Department, Chennai

2018-03-20

A.SELVAM, P.KALAIYARASAN

body2018
JUDGMENT : A. Selvam, J. 1. This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India praying to call for records relating to detention order dated 13.12.2017 passed in C.No.05/PBMMSEC Act/IS/2017 by the Detaining Authority, who has been arrayed as second respondent herein and quash the same. 2. The Inspector of Police, Civil Supplies Criminal Investigation Department, Pollachi Unit, as Sponsoring Authority, has submitted an affidavit to the Detaining Authority, wherein, it is averred to the effect that the detenu by name R.Abbas, aged 31 years, S/o.Raheem, door No.55-E, Gandhi Nagar, Sivanandha Colony, Coimbatore has involved in the following adverse cases. (i). Pollachi Civil Supplies Criminal Investigation Department Crime No.386/16 dated 20.10.2016 registered under Sections 6[4] TNSC [RDCS] Order 1982 r/w 7[1][a][ii] of Essential Commodities Act, 1955. (ii). Pollachi Civil Supplies Criminal Investigation Department Crime No.141/17 dated 02.05.2017 registered under Sections 6[4] TNSC [RDCS] Order 1982 r/w 7[1][a][ii] of Essential Commodities Act, 1955. 3. Further, it is averred in the affidavit that on 02.12.2017 at about 18.00 hrs, the Sub Inspector of Police, Civil Supplies CID, Pollachi Unit and other Police Constables have made vehicle check up near Vellalur rice mill bus stop. At that time, they found a TVS Victor bearing registration No.TN02-M- 8984 and the same has been intercepted and ultimately, found that the detenu has carried 50 kilograms of PDS rice, without any permission of license and during investigation, on information, they seized 22 bags of PDS rice and consequently, a case has been registered in Crime No.343/2017 under Sections 6[4] of TNSC [RDCS] Order 1982 r/w 7[1][a][ii] of Essential Commodities Act, 1955 and ultimately, requested the Detaining Authority to invoke Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 [Central Act 7 of 1980] against the detenu. 4. The Detaining Authority, after perusing the averments made in the affidavit and other connected documents, has derived to a subjective satisfaction to the effect that the detenu is a professional offender and ultimately, branded him as Black Marketeer, by way of passing the Detention Order and in order to quash the same, the present petition has been filed by the wife of the detenu, as petitioner. 5. On the side of the respondents, counter has not been filed. Under the said circumstances, this Habeas Corpus Petition is disposed of on merits on the basis of available materials on record. 5. On the side of the respondents, counter has not been filed. Under the said circumstances, this Habeas Corpus Petition is disposed of on merits on the basis of available materials on record. 6. The learned counsel appearing for the petitioner has contended to the effect that on the side of the petitioner, a representation has been given to the concerned authorities for the purpose of quashing the Detention Order and the same has not been considered without delay and therefore, the Detention Order in question is liable to be quashed. 7. The learned Additional Public Prosecutor appearing for the respondents 1 and 2 has contended to the effect that the representation alleged to have been given by the petitioner has been duly disposed of without delay and therefore, the contention put forth on the side of the petitioner is liable to be rejected. 8. On the side of the respondents 1 and 2, a proforma has been submitted, wherein, it has been clearly stated a representation has been received on 18.12.2017, remarks have been called for on 19.12.2017, remarks received on 03.01.2018 and the concerned file has been submitted on 04.01.2018 to the concerned Department and therefore, in between column Nos.7 and 9, there is a delay of 9 days and the same has not been explained on the side of the respondents 1 and 2. Under the said circumstances, the Detention Order in question is liable to be quashed. 9. In fine, this petition is allowed. The Detention Order dated 13.12.2017 passed in C.No.05/PBMMSEC Act/IS/2017 by the Detaining Authority against the detenu by name R.Abbas, S/o.Raheem, is quashed and ordered to be set him at liberty forthwith, unless he is required to be incarcerated in any other case.