PDS rice smuggling: detention quashed

By Our Special Correspondent

CHENNAI, APRIL 20. A Division Bench of the Madras High Court has quashed the detention of two persons on charges of smuggling rice meant for the public distribution system out of the State.

The Bench comprising Mr. Justice V.S. Sirpurkar and Mr. Justice D. Murugesan held as illegal the detention of the two persons, Mr. Palaniselvam and Mr. Balagopal under the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, as the detenues had not been given translated copies of the detention order in a language known to them (detenues).

Mr. Palaniselvam, a rice mill owner at Kovilpatti had leased out the mill to Mr. Balagopal, an agent for polishing and repacking and disposing of discoloured rice from official agencies like the FCI.

The latter had sent 7,700 bags of rice from Tuticorin to Whitefield (Bangalore) by a goods train on January 26 in 18 containers. Later (after the police seized the consignments from the train), they were charged with smuggling PDS rice from Tamil Nadu to Karnataka.

Challenging the detention orders issued by the Tuticorin Collector dated February 21, the wives of both the detenues filed habeas corpus petitions before the High Court.

The petitions stated that they had studied only upto Standard V in Tamil medium and did not understand English. They had sought the translated copies of the orders, which had been supplied. The detention was vitiated as supply of documents in a language not known to the detenu and more particularly a document which was relied upon (for the detention) amounted to non supply of necessary grounds.

The Bench said it did not appreciate the prosecutor's contention that there was an endorsement behind the English document that it was explained to the detenues in the language known to them and that there was no question of any prejudice.

As the Tamil translation of the order was not given, their further detention became illegal and the orders of detention were quashed. They were directed to be released forthwith unless they were required by any other authority in any other matter.

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Section  : Regional
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