Detainee's activities prejudicial to the maintenance of essential commodities under the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980.

(Petition filed under Article 226 of the Constitution of India praying for issuance of writ of habeas corpus as stated therein.)

P. Sathasivam, J.

The petitioner Hatheem, father of the detenu by name Kaja Moiddheen, who was detained as a "Black Marketeer" as contemplated under Section 3(2)(a) read with 3(1) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980, by the impugned detention order dated 09.07.2006, challenges the same in this Petition.

2. Heard learned senior counsel for the petitioner as well as the learned Additional Public Prosecutor for the respondents.

3. Mr. B. Kumar, learned senior counsel for the petitioner after pointing out several discrepancies in the documents relied on, particularly the quality certificates issued by the Civil Supplies Corporation, Erode Region, submitted that in the absence of proper explanation by the person concerned, the ultimate detention order passed by the detaining authority cannot be sustained. Elaborating the above contention, learned senior counsel for the petitioner took us through the quality certificates issued by the Quality /Assistant Quality Control Inspector, and pointed out the relevant portion of the certificates, which read as under.

According to the learned senior counsel for the petitioner, in the penultimate paragraph the irrelevant statements have not been scored out. He further contended that what was the sample seized ordered to be sent for analysis by the Court was not analysed. He further pointed out that there is no acceptable material to hold that the seized rice belongs to Public Distribution System (PDS). He also submitted that irrelevant materials have been referred to in the quality certificates.

4. In the light of the said contention, we verified the quality certificates which are available at pages 39 and 39-A of the paper book. We also considered the explanation offered by the detaining authority in his counter affidavit. It is seen that based on the reliable information about hiding and smuggling of PDS ration rice, Inspector of Police, Civil Supplies Criminal Investigation Department, Erode Unit, after getting search warrant from Judicial Magistrate No.III, Erode, searched the premises situated at Apachi Ayya Thottam, in front of TASMAC Godown, Bhavani Main Road, Suriyampalayam Village, Erode Taluk. The Officer and his team found 755 bags of PDS ration rice each weighing about 50 Kgs. were loaded in the lorries bearing registration Nos.KA-05 AF 7475, KA-01 AA 9585, KA-01 AD 3247, TN-27 R 6422, TNB 9588. They also found 115 bags PDS rice each weighing about 50 Kgs. in the godown. During the search, the Inspector of Police, examined one Kajamoidheen, who gave a voluntary confession in the presence of witnesses admitting that he illegally purchased the PDS rice for Rs.5/- per Kg. from the public of Kumarapalayam, Kuruppanaickenpalayam, Kalingarayanpalayam, Lakshmi Nagar near Bhavani in order to smuggle the rice to Karnataka State for selling the same at Rs.10/- per Kg. so as to gain more profit. It is further seen that the sample of the seized rice was sent for analysis to the Regional Laboratory of Tamil Nadu Civil Supplies Corporation, Erode and the Assistant Manager and Quality Inspector certified that the seized rice belonged to Public Distribution System. On the basis of the materials and after satisfying himself that the detenu had been dealing in rice which is an essential commodity as defined in Essential Commodities Act, 1955 with a view to dispose of the same at higher price in black market and the activities of the detenu are prejudicial to the maintenance of supplies of commodities essential to the community, detained him as a Black marketeer under Act 14 of 1982.

5. Though the learned senior counsel made an attempt to question the mode of samples (khjphp) being taken and the analysis, the document annexed to the grounds of detention makes it clear that from the seized bags, samples wer