(1.) THIS Habeas Corpus Petition has been filed to call for the records relating to the order of the third respondent, dated 20.09.2012, made in P.D.O.No.5/2012, and quash the same, and to produce the detenu, namely, Kumar @ Sivakumar, son of Kasi Chettiar, aged about 38 years, confined in the Central Prison, Thiruchirappalli, before this Court and to set him at liberty.
(2.) THE petitioner has stated that the third respondent had passed the impugned detention order, dated 20.09.2012, as contemplated under the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Act 7/1980), in exercise of the powers conferred under Section 3(2)(a) read with 3(1) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980, directing the detention of Kumar @ Sivakumar, in the Central Prison, Trichy, terming him as a 'Black Marketer'.
(3.) IT has also been pointed out that the representation made on behalf of the detenu, dated 27.09.2012, was received, on 03.10.2012, and the remarks were called for, on 04.10.2012. The remarks had been received, only on 15.10.2012, after a delay of 11 days, out of which 4 days i.e. 06.10.2012, 07.10.2012, 13.10.2012 and 14.10.2012 were government holidays. As such, there has been an actual delay of 7 days in dealing with the representation made on behalf of the detenu.
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