IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25-10-2010 CORAM THE HONOURABLE MR.JUSTICE M.CHOCKALINGAM AND THE HONOURABLE MR.JUSTICE C.S.KARNAN H.C.P.No.1400 of 2010 Sagunthaladevi .. Petitioner vs 1.The Secretary to Government Food and Consumer Protection Department Chennai 9. 2.The Commissioner of Police Chennai Police, Chennai 8. 3.The Secretary to Government Food and Consumer Protection Department Government of India New Delhi .. Respondents Habeas corpus petition filed under Article 226 of the Constitution of India praying for a writ of habeas corpus calling for the records in connection with the order of detention passed by the second respondent dated 30.6.2010 in Memo No.2/Black Marketing Act/2010 against the petitioner's son Mari, son of Adimulam, aged about 37 years, who is confined at Central Prison, Puzhal, Chennai and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty. For Petitioner : Mr.V.Parthiban for Mr.C.Prakasam For Respondents : Mr.Babu Muthu Meeran Additional Public Prosecutor for RR1 & 2 Mr.Devendran, SPCCG for R3 ORDER (Order of the Court was made by M.CHOCKALINGAM, J.) This petition challenges an order of detention made by the second respondent dated 30.6.2010, whereby the son of the petitioner by name Mari was ordered to be detained under the provisions of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act 1980, branding him as a Black Marketeer. https://hcservices.ecourts.gov.in/hcservices/ 2.The Court heard the learned Counsel fort he petitioner and also looked into all the materials available and in particular, the order under challenge along with the grounds of detention. 3.It is not in controversy that the sponsoring authority has made a recommendation that the detenu was involved in two adverse cases namely (1) Civil Supplies, CID, Chennai Unit Crime No.303/2010 under Sec.6(4) of TNSC Rules (RDCS) Order 1982 read with 7(i)(a)(ii) of Essential Commodities Act 1955 and (2) Civil Supplies, CID, Chennai Unit Crime No.309/2010 under Sec.6(4) of TNSC Rules (RDCS) Order 1982 read with 7(i)(a)(ii) of Essential Commodities Act 1955 and also in a ground case registered by Civil Supplies, CID, Chennai Unit, in Crime No.309/2010 under Sec.6(4) of TNSC (RDCS) Order 1982 read with 7(i)(a)(ii) of Essential Commodities Act 1955 and Sections 403, 353 and 307 IPC for an occurrence that took place on 29.5.2010 when he was found in possession of 30 bags of PDS rice each containing 50 Kgs., and on scrutiny of the entire materials, the second respondent after recording subjective satisfaction that the activities of the detenu were prejudicial to the maintenance of supplies of commodities essential to the community, was of the opinion that an order of detention has got to be passed and accordingly, made the order which is the subject matter of challenge. 4.Advancing arguments on behalf of the petitioner, the learned Counsel would submit that when the detenu was arrested on 29.5.2010, in connection with the second adverse case and the ground case, he did not move for any bail application in the second adverse case; that though he moved a bail application before the Principal Sessions Division in respect of the ground case in Crl.M.P.4852/2010, the same was dismissed, and thereafter he moved a bail petition in Crl.O.P.No.12897/2010 before this Court, and the same was also dismissed; and that both the dates of dismissal are not mentioned in the order. 5.Added further the learned Counsel that the order of remand was actually made in the second adverse case till 25.6.2010 as mentioned in the order; but the order under challenge came to be passed on 30.6.2010, and thus the detaining authority did not know whether the remand was extended from 25.6.2010 or not, but the authority has stated that there was a real possibility of the detenu coming out on bail which would indicate that the authority could not have arrived at the subjective satisfaction proper before recording so, and hence the order has got to be set aside. 6.The Court heard the learned Additional Public Prosecutor and also the learned Counsel for the third respondent on all the above contentions and paid its anxious consideration on the submissions made. 7.As could be seen above, the detaining authority has stated that the detenu was indulging in such kind of activities which impelled him to record that the activities of the detenu were prejudicial to the maintenance of supplies of commodities essential to the community, and on scrutiny of the materials made the order under challenge. As rightly pointed out by the learned Counsel for https://hcservices.ecourts.gov.in/hcservices/ the petitioner, a bail application was actually moved in the ground case in Crl.M.P.No.4852/2010 before the Principal Sessions Division, Chennai, and the same was dismissed. Thereafter, an application was moved before this Court in Crl.O.P.No.12897/2010 and the same was also dismissed, as could be seen from the available materials, on 25.6.2010. The impugned order came to be passed on 30.6.2010. It is pertinent to point out that when the order came to be passed, no bail application was filed in the second adverse case. The application which was originally filed before the Court of Session and the subsequent petition before the High Court in respect of the ground case, were dismissed. But the authority has stated that there was a real possibility of his coming out on bail. It cannot but be without any basis or foundation or material, much less cogent material. 8.Apart from the above, it is an admitted position that insofar as the ground case, the remand was extended till 25.6.2010, and thereafter it is not known whether the remand was extended further or not. Even a reading of the grounds of detention would reflect that the remand was extended till 25.6.2010. The order under challenge came to be passed on 30.6.2010. If to be so, the authority who made the order, did not know whether the remand extension was made from 25.6.2010 onwards or not. In such circumstances, it would be quite clear that all the materials were not placed before the authority or the authority could not have arrived at the subjective satisfaction proper. On both the above grounds, the order has got to be set aside. 9.In the result, this habeas corpus petition is allowed setting aside the order of the second respondent. 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 nsv To: 1.The Secretary to Government Cooperation, Food and Consumer Protection Department Secretariat Chennai 9. 2.The Public Prosecutor High Court, Madras https://hcservices.ecourts.gov.in/hcservices/ 3.The Commissioner of Police, Chennai Police, Chennai-8. 4.The Secretary to Government Food and Consumer Protection Department, Government of India, New Delhi. 5..The Superintendent, Central Prison, Puzhal, Chennai. (In duplicate for Communication to detenu) 6.The Joint Secretary to Govt. Public (Law & Order) Department, Fort St.George, Chennai-9. +1cc to Mr.C.Prakasam, Advocate Sr 76864 +1cc to Mr.M.Devendran, Advocate Sr 76466 TS(CO) km/3.11. HCP No.1400 of 2010 https://hcservices.ecourts.gov.in/hcservices/