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"3. I am aware that Thiru.K.Sivaraj was remanded in CSCID, Tiruvannamalai Crime No.348/2012 for offences under Sections 6(4) of TNSC [RDCS] Order 1982 r/w.7[1][a][ii] of Essential Commodities Act, 1955. He has moved bail application before the Hon'ble Court of the Judicial Magistrate No.1, Tiruvannamalai in Crl.M.P.No.13075/2012 which was dismissed on 14.12.12. Subsequently, another bail petition was filed by him before the Hon'ble Court of the Judicial Magistrate No.1, Tiruvannamalai in M.P.No.13312/2012 which was also dismissed on 18.12.2012. Again another bail petition was filed by the accused before Tiruvannamalai District and Sessions Judge in M.P.No.4146/2012, and it was also dismissed on 21.12.2012. In a similar case registered in Civil Supplies CID, Tiruvannamalai Unit Crime No.104/2012 for offences under sections 6[4] of TNSC [RDCS] Order 1982 r/w 7[1][a][ii] of Essential Commodities Act, 1955 against this accused Thiru.K.Sivaraj, bail was granted by the Hon'ble Court of the Judicial Magistrate Court No.1, Tiruvannamalai in Crl.M.P.No.3173/2012 on 29.3.2012. Hence, there is real possibility of Tr.Sivaraj to coming out on bail by filing a bail application for the above case in crime No.348/2012 before the appropriate court. If he comes out on bail, he will indulge in such further prejudicial activities, which will be prejudicial to the maintenance of supplies of commodities essential to the community. Further, recourse to the normal criminal law will not have the desired effect of effectively preventing him from indulging in such activities, which are prejudicial to the maintenance of supplies of commodities essential to the community. On the materials placed before me, I am fully satisfied that the said Thiru.Sivaraj is a Black Marketer and there is a compelling necessity to detain him in order to prevent him from indulging in such further activities in future, which are prejudicial to the maintenance of supplies of commodities essential to the community under the provisions of 3[1] read with 3[2][a] of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 [Act 7 of 1980]."

5. In paragraph 3 of the grounds of detention, it had been stated that the accused had filed a bail application in Crl.M.P.No.13075 of 2012, in the Court of Judicial Magistrate No.1, Tiruvannamalai, in connection with the case registered in Crime No.348/2012 and that it had been dismissed by the said Court, on 14.12.2012. Subsequently, another bail petition filed by the detenu before the Judicial Magistrate No.1, Tiruvannamalai, in M.P.No.13312 of 2012, had also been dismissed, on 18.12.2012. The bail petition filed by the accused in the Tiruvannamalai District and Sessions Judge, in M.P.No.4146 of 2012, had also been dismissed by the said Court, on 21.12.2012.

6. It had been further stated that the detenu would come out on bail, by filing a bail application in the above case, in crime No.348 of 2012, before the appropriate Court. However, no proper reasons had been given by the detaining authority to substantiate his belief that the detenu would come out on bail. Even though, in paragraph 3 of the grounds of the detention, the detaining authority had stated that in a similar case registered in Civil Supplies CID, Tiruvannamalai Unit Crime No.104/2012, for offences under sections 6(4) of TNSC (RDCS) Order 1982 read with 7(1)(a)(ii) of the Essential Commodities Act, 1955, against the detenu, bail had been granted by the Judicial Magistrate Court No.1, Tiruvannamalai, in Crl.M.P.No.3173/2012, on 29.3.2012, the detaining authority had not shown sufficient reasons to come to the conclusion that the detenu would come out on bail in the case, in Crime No.348 of 2012, for offences under Sections 6(4) of TNSC (RDCS) Order 1982 read with 7(1)(a)(ii) of the Essential Commodities Act, 1955. 

								(M.J.J.)	(M.M.S.J.)
Index   :Yes/No						15.4.2013
Internet:Yes/No					

M.JAICHANDREN,J.
AND
M.M.SUNDRESH,J.

lan

To:

1. STATE OF TAMIL NADU
    REPRESENTED BY ITS SECRETARY
   CO-OPERATIVE FOOD & CONSUMER PRODUCTION DEPARTMENT,
   GOVERNMENT OF TAMIL NADU,
   FORT ST.GEORGE  CHENNAI.

2. THE DISTRICT COLLECTOR &
     DISTRICT MAGISTRATE, TIRUVANNAMALAI.

3. THE UNION OF INDIA,
   REPRESENTED BY ITS ADDITIONAL
      SECRETARY TO GOVERNMENT OF INDIA,
   MINISTRY OF CONSUMER AFFAIRS,
   FOOD AND PUBLIC DISTRIBUTION,
   (DEPARTMENT OF CONSUMER AFFAIRS)
   270, KRISHNA BHAVAN,  NEW DELHI.

4. The Public Prosecutor
   High Court, Chennai















15.4.2013