- (1.)
M. Chockalingam, J.

(2.)HABEAS corpus petition filed under Article 226 of the Constitution of India praying for a writ of habeas corpus calling for the records relating to detention order in C3/D.O./13/2009 dated 7.3.2009 passed by the first respondent and quash the same and direct the respondents to produce the body and person of the petitioner's husband Nalamaharajan, S/o. Ramasamy, Hindu aged 50 years, now confined in Central Prison, Cuddalore and set him at liberty. Seeking a writ of habeas corpus one Mrs.Chitra, the wife of the detenu Nalamaharajan, has brought forth this petition challenging the order of detention made by the first respondent in C3/D.O./13/2009 dated 7.3.2009, terming him as a Black Marketeer.
The Court heard the learned Counsel for the petitioner and looked into all the materials available including the order under challenge.

It is not in controversy that the first respondent, the District Collector and District Magistrate of Cuddalore District, has passed an order of detention on 7.3.2009, terming the petitioner's husband as a Black Marketeer since his activities were prejudicial to the maintenance of public supplies of Essential Commodities to the public, and it would cause revenue loss, and hence there arose compelling necessity to detain him under Sec.3(1) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 in order to prevent him from acting in any manner prejudicial to the maintenance of public supplies of essential commodities to the public in future and hence the order came to be passed.

(3.)A perusal of the materials would indicate that on 10.2.2009 at about 2000 hours, the Sub Inspector of Police, CSCID, Cuddalore, on receipt of a complaint about the grave irregularities found in a Cooperative Saravanabava Fair Price Shop situated at Thittagudi Taluk in Eraiyur Sugar Mill compound, made an inspection, and it was found that in the 'A' Register maintained in the shop, pages were stealthily printed and added in the last portion, and after further check and verification over all the ration cards belonging to the said fair price shop with the aid of computer, it was detected that the said 'A' Register wrongly contained entries of huge family ration cards which were not belonging to the said Eraiyur Saravanabava Cooperative Fair Price Shop, but those ration cards were actually allotted to the fair price shop situated at various Taluks other than Tittagudi Taluk in the District. Apart from that, 'A' Register contained the necessary ration card numbers, but it was criminally planned that instead of giving original names, some other fictitious names were being entered in the register. Further, it was found that in respect of the supplies of essential commodities alone, the revenue loss per month was Rs.21,362.40, and the total loss for the whole three years would be Rs.7,69,046/-. Equally, it was also found that the previous Sales Assistant namely the detenu was presently employed at Thittagudi Saravanabava Fair Price Shop from the date 1.1.2009, and he was employed at Eraiyur Fair Price Shop earlier for the period from 1.1.2006 to 31.12.2008. On the basis of the report given by Taluk Supplies Officer, Thittagudi, a case was registered by CSCID, Cuddalore, in Crime No,41/2009 under Sec.6(2)(3) of TNSC (RDCS) Order 1982 r/w 7(i)(a)(ii) of E.C. Act 1955 and 420 of IPC, and the necessary investigation was taken up. Thus the recommendation was made.
On perusal of the entire materials available, the detaining authority was satisfied that the activities of the detenu were prejudicial to the maintenance of public supplies of essential commodities to the public, and hence in order to prevent him from doing any such activities in future, he has got to be detained under the enactment by terming him as a black marketeer. Accordingly the order came to be passed.