KUNJUMON ALIAS KUNJAN Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) Challenge is made to an order of detention made by the 1st respondent herein dated 21.4.2009 in Order C. No. 3/PBMMSEC. Act/IS/2009, whereby the petitioner, namely, one Kunjumon @ Kunjan, was detained under Section 3(2)(a) read with 3(1) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Central Act 7 of 1980), terming him as a 'Black Marketeer'.

(2.) The affidavit in support of the petition along with all the materials including the order under challenge are perused. The Court heard the learned counsel for the petitioner.

(3.) Admittedly, pursuant to the recommendations made by the sponsoring authority that the petitioner/detenu was involved in one averse case, namely, Coimbatore Civil Supplies CID., Crime No. 943 of 2008 dated 13.12.2008 under Section 6(4) of T.N.S.C.(R.D.C.S.) Order 1982 read with 7(l)(a)(ii) of Essential Commodities Act 1955, for alleged possession of 20 bags, each containing 5 0 kgs. of PDS ration rice and also a ground case in Crime No. 141 of 2009 registered by the Civil Supplies, CID., Coimbatore Unit under Section 6(4) of T.N.S.C.(R.D.C.S.) Order, 1982 read with 7(l)(a)(ii) of Essential Commodities Act 1955, alleging that on 10.4.2009 at about 6.00 hours, the detenu was found in possession of 60 bags each containing 50 Kgs. of PDS rice and the case came to be registered in the above crime number and the sample of seized rice was also sent to the Manager, Tamil Nadu Civil Supplies Corporation, Coimbatore for getting quality certificate and the same was also confirmed that it was the rice meant for the public distribution system and hence, on perusal and scrutiny of the materials available, the detaining authority also recorded its subjective satisfaction that the activities of the detenu were prejudicial to the public distribution system, and hence in order to prevent him from indulging any further activities in future, an order of detention has got to be made under the provisions of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, and accordingly made the order, which is the subject matter of challenge in this petition.