S.KAVITHA Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) This Habeas Corpus Petition has been filed to call for the records relating to the order of the third respondent, dated 16.10.2012, made in Cr.M.P.No.2/2012(CS) and quash the same, and to produce the detenu, namely, R.Saravanan, Son of Ravi, aged about 28 years, confined in the Central Prison, Coimbatore, before this Court, and to set him at liberty.

(2.) The petitioner is the wife of the detenu, R.Saravanan, Son of Ravi, who has been detained, under Section 3(2)(a), read with 3(1) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980, pursuant to the order passed by the third respondent in his proceedings, in Cr.M.P.No.2/2012(CS), dated 16.10.2012. In view of the detention order passed by the third respondent, dated 16.10.2012, the detenu had been lodged in the Central Prison, Coimbatore, terming him as a 'Black Marketeer'.

(3.) Even though various grounds had been raised in the Habeas Corpus Petition filed by the petitioner, the learned counsel appearing on behalf of the petitioner had placed emphasis on the grounds mentioned hereunder, while stating that the impugned detention order, passed by the Detaining Authority, is bad in the eye of law. He had submitted that there was clear non-application of mind on the part of the Detaining Authority, while passing the detention order against the detenu.