LAWS(MAD)-2010-11-71

M SELVAKUMAR Vs. SECRETARY TO GOVERNMENT CO OPERATION

Decided On November 18, 2010
M.SELVAKUMAR Appellant
V/S
SECRETARY TO GOVERNMENT Respondents

JUDGEMENT

(1.) THIS petition challenges an order of detention made by the second respondent dated 27.5.2010, whereby the father of the petitioner by name T.Marimuthu was ordered to be detained under the provisions of Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980, terming him as a Black Marketeer.

(2.) ALL the materials placed and in particular, the order under challenge, are perused. The Court heard the learned Counsel for the petitioner and also looked into the grounds of challenge.

(3.) ADDED further the learned Counsel pointing to paragraph 7 of the grounds of detention, that the authority has stated as if he was remanded to judicial custody on 31.5.2010, in Crime No.297/2010; but, the occurrence has actually taken place on 27.5.2010, and he was remanded to judicial custody on the very day, and thus it would be quite indicative of the non-application of mind, and hence the order has got to be set aside.