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2000 Supreme(Mad) 690
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P. Shanmugam and M. Karpagavinayagam, JJ.
S. Santha Bai
Versus
The District Magistrate and District Collector, Dindigul District and others
H.C.P. No. 804 of 2000.
Decided On : 19 July 2000
V.Balamurugan, for Petitioner.
G.M.Syed Fasiuddin, Additional Public Prosecutor, for Respondent Nos.1 and 2.
K.Rajendran, for Respondent No.3.
Furnishing of grounds of detention to detenu and detention order.
Headnote:Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act (VII of 1980), Sec.3 - Constitution of India (1950), Art.22(5) - Preventive detention -Detention order in Tamil alleged to be not properly translated -Detenu may be prejudiced by variation in the English and Tamil version.
2. The two main grounds raised against the order of detention are as follows:
(i) The petitioner made a representation on 3.5.2000 to the Central Government and the same was not disposed of expeditiously.
(ii) The detention order in Tamil was not properly translated and it contains several contradictions due to which an effective representation could not be given by the detenu.
Though the other grounds relating to the subjective satisfaction of the Detaining Authority was raised, it was not pursued further.
3. Before we go into grounds raised, the bare facts necessary for the disposal of this petition are as follows:
On 13.4.2000, a special team under the head of Civil Supplies, C.I.D., intercepted lorry bearing registration No.KL-10-6303 at Kodai Road in front of Kodai Road Railway Station. Though the vehicle did not stop, it was chased, stopped and found carrying rice intended for Public Distribution System. On enquiry, the driver of lorry one Manickam gave a confession stating that the regular Public Distribution System rice smugglers Mani alias Seenivasan and Ali alias Mohammed Ali of Anaimalai sent him in the lorry with a cleaner to Madurai on 12.4.2000 to fetch 100 bags PDS rice from regular PDS rice sellers Kalyani and Sekar alias Chandrasekar of Madurai in order to bring the PDS rice to Pollachi so as to sell the same in Kerala for higher rate of prices by giving false bills to him. On that basis, he went to Madurai and loaded 100 bags of PDS rice from Kalyani and Sekar alias Chandrasekar of Madurai from their godown and proceeded to Pollachi. On 13.4.2000 early morning at 3.00 hours in front of Kodai Road Railway Station, it was caught by the police. The driver and the cleaner were arrested and produced before the Judicial Magistrate, Nilakottai on 13.4.2000 and lodged in Central Prison, Madurai. The detenu was arrested on 13.4.2000 and was produced before the Judicial Magistrate, Nilakottai and was lodged in Central Prison, Madurai. Apart from them, one Kalyani and his employer Sekar alias Chandrasekar were also arrested and confession statements were recorded from them and they were produced before the Judicial Magistrate No.II, Madurai and lodged at Central Prison, Madurai. Investigation revealed that Sekar alias Chandrasekar had a godown at Madurai in which he had stored 100 bags of PDS rice. The driver Manickam produced two bills at the time of checking the lorry at Kodai Road and it was found to be bogus. As per the said Bills, it was found that the PDS rice was transported from Sri Meenachiamman Traders, Madurai-II to Sri Balaji Traders, Anaimalai, etc. On investigation the address of both the shops and their licence numbers were found to be false. The Quality Control Assistant Manager, TNCSC, Dindigul certified that the 100 bags of rice seized were PDS rice which were kept in TNCSC godown, Dindigul. Kalyani and Sekar alias Chandrasekar collected PDS rice for Rs.4 per kilogram and sold the same at Rs.5 per kilogram to the detenu Mani alias Seenivasan and Ali alias Mohammed Ali of Anaimalai, Pollachi so as to smuggle the same to Kerala and to sell the same at Rs.10 per kilogram or more than that in Palghat rice market to the highest bidder. On that basis, the Detaining Authority has come to the satisfaction that he is liable to be detained as per the provision of Sec.3(1) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980.
4. From the facts of the case, it is seen that the materials placed before the Detaining Authority spell out the modus operandi of the detenu along with other persons in committing the offences of purchasing ration rice illegally at meager cost, storing it in a godown and intended to sell i
