MANIMEGALAI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner is the wife of the detenu, by name Panchanathan @ Panchavarnam, aged about 45 years, who has been detained under the provisions of Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Act 7/1980), on the orders of the second respondent in P.D.No.29/2012, dated 21.7.2012. Now, he has been lodged at Central Prison, Trichy.

(2.) AFTER the Detention Order was passed, the detenu made a representation to the Government on 01.8.2012 and the same was received by the Government on 7.8.2012, upon which remarks were called for from the Detaining Authority on 8.8.2012 and the remarks were received by the Government only on 23.08.2012. In this aspect, there was a delay of fifteen days, out of which, six days were holidays. Even if allowance is given for those six days, which were holidays, still there was a delay of nine days. Seeking to quash the said Detention Order and to set the detenu at liberty, the petitioner has come up with this Habeas Corpus Petition.

(3.) THE learned Additional Public Prosecutor has produced a proforma detailing the dates and events. In the said proforma, it has been admitted that the representation of the detenu was received on 7.8.2012, remarks were called for from the Detaining Authority on 8.8.2012 and the remarks were received by the Government only on 23.8.2012.