1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2011 CORAM: THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR and THE HONOURABLE MR.JUSTICE R.SUBBIAH Habeas Corpus Petition (MD) No.18 of 2011 Rengammal ... Petitioner vs. 1.The State represented by The District Collector and Magistrate, Tirunelveli District, Tirunelveli-9. 2.The Secretary to Government, Co-operation, Food and Consumer Protection Department, Secretariat, Chennai-9. 3.The Secretary to Government, Food & Consumer Protection Department, Government of India, New Delhi - 110 001. ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus, to call for the records from the first respondent in No.MHS.Confdl.72/2010, dated 02.12.2010 by setting aside the said order of detention passed by the first respondent and setting the detenu Arumuganayinar, aged about 42 years, S/o.Sudalai Konar, at liberty now detained in the Central Prison, Palayamkottai. For Petitioner .. Mr.V.Kathirvelu For Respondents 1&2 .. Mr.N.Senthurpandian Additional Public Prosecutor. For 3rd Respondent .. Mr.A.Saravanan ACGSC ORDER (Order of the Court was made by R.REGUPATHI,J) Wife of the detenu challenges the order of detention dated 02.12.2010, detaining her husband as 'Black Marketeer' as contemplated under the provisions of Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Act No.7 of 1980). https://hcservices.ecourts.gov.in/hcservices/ 2 2.Learned counsel for the petitioner, by referring to Paragraph No.5 of the grounds of detention, wherein, it has been stated as follows: "I am aware that Thiru.Arumuganainar was arrested on 28.11.2010 in Tirunelveli Civil Supplies Criminal Investigation Department Crime No.355 of 2010 and produced before the Judicial Magistrate No.II, Tirunelveli. His remand will expire on 13.12.2010. He is now lodged at Central Prison, Palayamkottai and he filed bail petitions before Judicial Magistrate Court No.II, Tirunelveli on 29.11.2010 in Cr.M.P.No.1867/2010 in Tirunelveli Civil Supplies Criminal Investigation Department Crime No.331/2010, in Cr.M.P.No.1868/2010 in Tirunelveli Civil Supplies Criminal Investigation Department Crime No.340/2010 and in Cr.M.P.No.1869/2010 in Tirunelveli Civil Supplies Criminal Investigation Department Crime Number 355/2010 and all the bail petitions were dismissed by Judicial Magistrate, No.II, Tirunelveli on 01.12.2010. In order to restrict him from indulging activities in future which are prejudicial to the maintenance of supplies of Essential Commodities to the Public, it is necessary that he has to be kept under Judicial custody". submitted that imminent possibility of coming out on bail and the likelihood of the detenue indulging of such further activities is not mentioned. Hence, there is non application of mind on the part of the detaining authority in passing the order of detention and on that ground, the order of detention is vitiated and the same is liable to be set aside. 3.Heard the learned Additional Public Prosecutor. 4.We have perused the materials available on record and carefully considered the submissions made on either side. 5.The detaining authority, while formulating the grounds of detention has failed to mention the imminent possibility of the detenu coming out on bail. Similarly, likelihood of the detenu indulging in such prejudicial activities in future, has not been mentioned in the detention order. The grounds of detention having not been formulated in the manner known to law, we are of the view that the subjective satisfaction has not been arrived at properly and the impugned order of detention is liable to be set aside. 6.In the result, the Habeas Corpus Petition is allowed and the order of detention passed by the first respondent in MHS.Confdl.72/2010, dated 02.12.2010 is set aside. The detenu is directed to be set at liberty forthwith, unless his detention is required in connection with any other case or cause. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To: 1.The District Collector and Magistrate, Tirunelveli District, Tirunelveli-9. 2.The Secretary to Government, Co-operation, Food and Consumer Protection Department, Secretariat, Chennai-9. 3.The Secretary to Government, Food & Consumer Protection Department, Government of India, New Delhi - 110 001. 4.The Joint Secretary to Government, Public (Law & Order), Fort St.George, Chennai 5.The Superintendent, Central Prison, Palaymkottai 6.The Addl.Public Prosecutor, Madurai Bench of Madras High Court, Madurai sms ssk/16.03.2011 /7c-3p/- Order in Habeas Corpus Petition (MD) No.18 of 2011 Dated:23.02.2011 https://hcservices.ecourts.gov.in/hcservices/