KALAIVANI Vs. SECRETARY TO THE GOVERNMENT

JUDGEMENT

(1.) THE daughter of the detenue is the Petitioner and challenge is made to the order of detention dated 14.10.2010, passed by the third respondent under which, the detenue has been branded as a "Blackmarketeer" and detained under the provisions of Prevention of Blackmarketing and Maintenance of Essential Commodities Act, 1980 (Central Act 7 of 1980).

(2.) AS per the grounds of detention dated 14.10.2010, the detenue came to adverse notice in the following cases:-

(3.) IT is further submitted by the learned counsel appearing for the petitioner that in the same paragraph, it has been stated that the detenue has already been enlarged on bail in all the adverse cases. But the fact remains that she was arrested in the third adverse case in Crime No.684/2010 registered by the sponsoring authority on 02.02.2010, the date on which the detenue was arrested in the ground case. Even though the said material is available in page No.59 of the booklet, the Sponsoring Authority has not applied his mind to the said material and the subjective satisfaction arrived at by the Detaining Authority as to the real and imminent possibility of the detenu coming out on bail and would indulge in further/future activities, which are prejudicial to the maintenance of public order, is vitiated and hence the learned counsel prayed for the quashment of the impugned order of detention.