LAWS(MAD)-2012-12-256

UMAYAL Vs. ADDITIONAL SECRETARY GOVERNMENT OF INDIA

Decided On December 03, 2012
Umayal Appellant
V/S
Additional Secretary Government Of India Respondents

JUDGEMENT

(1.) THIS Habeas Corpus Petition has been filed to call for the records relating to the order of the third respondent, dated 04.10.2012, made in Cr.M.P.No.2/2012, and quash the same, and to produce the detenu, namely, Kannan, son of Ganesan, aged about 34 years, confined in the Central Prison, Madurai, 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 04.10.2012, 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 (1) read with 3(2)(a) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980, directing the detention of G.Kannan, in the Central Prison, Madurai, terming him as a 'Black Marketeer'

(3.) IT has also been pointed out that the representation made on behalf of the detenu, dated 9.10.2012, was received, on 15.10.2012, and the remarks were called for, on 17.10.2012. The remarks had been received, only on 20.11.2012, after a delay of 34 days, out of which 15 days i.e. 20th, 21st, 23rd, 24th, 27th, 28th October, 2012, and 03rd, 4th, 10th, 11th 12th, 13th, 14th 17 and 18th November, 2012, were government holidays. As such, there has been an actual delay of 19 days in dealing with the representation made on behalf of the detenu.