IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30.1.2008 CORAM THE HONOURABLE MR.JUSTICE P.D.DINAKARAN AND THE HONOURABLE MR.JUSTICE R.REGUPATHI H.C.P.No.1806 of 2007 K.M.S.Mohamed Abbas .. Petitioner Vs. 1. The Secretary to Government Food, Co-operation and Consumer Protection Department Chennai – 600 009. 2. The District Collector and District Magistrate Theni District, Theni. 3. The Additional Secretary to the Government of India Department of Consumer Affairs 270, Krish Bhavan New Delhi – 110 001. .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue Habeas Corpus as stated therein. For Petitioner : Mr.V.Parthiban For Respondents : Mr.N.R.Elango Addl. Public Prosecutor for R1&R2 Mr.P.Kumaresan, ACGSC for R3 O R D E R (Order of the Court was made by P.D.DINAKARAN,J.) The second respondent herein clamped an order of detention as against the detenu Hakeem, uncle of the petitioner, as the said authority arrived at the subjective satisfaction that the detenu is a Black Marketeer and he has to be detained under Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980. https://hcservices.ecourts.gov.in/hcservices/ 2.1. The order of detention dated 14.12.2007 came to be passed by the second respondent on the basis of the ground case said to have taken place on 6.11.2007. On 6.11.2007, while the Sub Inspector and Police Party CSCID, Uthamapalayam, where conducting vehicle check in Theni – Periyakulam Road to prevent smuggling, they stopped lorry bearing registration No.KL 6B 2281. The lorry driver was enquired and while checking the consignment, 139 bags of PDS Boiled Rice was found and the same was seized. The lorry driver was arrested and he confessed that the detenu and one Siva are the owners of the consignment. The detenu was arrested on 7.11.2007 and he confessed that the he purchased the PDS Boiled Rice along with Siva from the ration card holders. A case was registered in Uthamapalayam Civil Supplies Criminal Investigation Department Crime No.641 of 2007 under Section 6(4) of TNSC (RDCS) Order, 1982 read with Section 7(1)(a)(ii) of the Essential Commodities Act, 1955. The detenu was arrested and remanded to judicial custody. 2.2. The detaining authority, having satisfied that the detenu is indulging in a manner prejudicial to the maintenance of supplies of commodities essential to the community, passed the impugned order. 3. Challenging the above-said detention, the present Habeas Corpus Petition has been filed seeking a writ of habeas corpus to call for the entire records leading to the detention of the detenu, detained vide detention order dated 14.12.2007 on the file of the second respondent made in No.03/2007/CS, to quash the same and to consequently direct the respondents to produce the detenu before this Court and to set him at liberty from Central Prison, Madurai. 4. Heard the learned counsel for the petitioner and Mr.N.R.Elango, learned Additional Public Prosecutor for respondents 1 and 2. 5. The main contention advanced by the learned counsel for the petitioner is that even though the requisition for analysis of the samples of PDS Rice seized were received by the Quality Inspector, Laboratory, TNCSC Limited, Theni only on 13.11.2007, the quality certificate issued by the Regional Laboratory, TNCSC Limited, Theni is dated 12.11.2007, i.e., prior to the date of receipt of the samples, and the said vital improbability was not considered at all by the detaining authority and therefore, the order of detention suffers from non application of mind. 6. We have perused the records available. As rightly pointed out by the learned counsel for the petitioner, even though the requisition for analysis of the samples of PDS Rice was received by the Quality Inspector (Laboratory), TNCSC Limited, Theni on 13.11.2007, as found at page 41 of the booklet, the quality certificate issued by the Deputy Manager (Quality Control), TNCSC Limited, Theni is dated 12.11.2007, as found at page 42 of the booklet. When the samples were received only on https://hcservices.ecourts.gov.in/hcservices/ 13.11.2007, we fail to understand as to how the quality certificate, analyzing the quality of the samples, was issued on 12.11.2007. This aspect of the case was not at all appreciated by the detaining authority while passing the order of detention and therefore, the order of detention suffers from non application of mind. For the foregoing reasons, this petition must succeed and the same is ordered as prayed for. The detention order dated 14.12.2007 is set aside. The detenu is directed to be set at liberty forthwith unless his custody is required in connection with any other case. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar sasi To: 1. The Secretary to Government Food, Co-operation and Consumer Protection Department, Chennai – 600 009. 2. The District Collector and District Magistrate Theni District, Theni. 3. The Additional Secretary to the Government of India Department of Consumer Affairs 270, Krish Bhavan New Delhi – 110 001. 4. The Public Prosecutor, High Court, Madras. 5. The Joint Secretary to Government, Public (Law and Order) Department, Fort St.George, Chennai -9. 6. The Superintendent, Central Prison, Madurai. 1 cc To Mr.C.Prakasam, Advocate, SR.4385. H.C.P.No.1806 of 2007 AVM(CO) RVL 06.02.2008 https://hcservices.ecourts.gov.in/hcservices/