(1.) THIS Habeas Corpus Petition has been filed to call for the records relating to the order of the first respondent, dated 05.09.2012, made in No.5/BM/2012, and quash the same, and to produce the detenu, namely, M.Salaikumar son of Malai, aged about 37 years, confined in the Central Prison, Palayamkottai, before this Court and to set him at liberty.
(2.) THE petitioner has stated that the first respondent had passed the impugned detention order, dated 05.09.2012, under the Prevention of Black Marketing and maintenance of Supplies of Essential Commodities Act, 1980 (Central Act 7 of 1980), in exercise of the powers conferred under Section 3(1) readwith 3(2)(b) of the Prevention of black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Central Act 7 of 1980), terming him as a 'Black Marketeer'.
(3.) IT is noted that a representation, dated 12.09.2012, had been submitted on behalf of the detenu. The said representation had been received, on 17.09.2012. The remarks had been called for, on 18.09.2012. However, the said representation, dated 12.09.2012, submitted on behalf of the detenu, had not been disposed of, by the authorities concerned. Further, there is no explanation for the undue delay in considering the said representation. Accordingly, it is clear that the impugned detention order cannot be sustained in the eye of law.