J.SAJITH Vs. SECRETARY TO THE GOVERNMENT

JUDGEMENT

(1.) This Habeas Corpus Petition has been filed to call for the records relating to the order of the third respondent, dated 31.12.2012, made in proceedings No. Cr.M.P. No. 33/BM/2012(El), and quash the same, and to produce the detenu, namely, Saleem, son of Jamaludeen, aged about 31 years, confined in the Central Prison, Coimbatore, before this Court and to set him at liberty. The petitioner is the brother of the detenu, Saleem, son of Jamaludeen, who has been detained, under Section 3(1), read with 3(2)(a) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Central Act 7 of 1980), pursuant to the order passed by the third respondent, in his proceedings No. Cr.M.P. No. 33/BM/2012(El), dated 31.12.2012. In view of the detention order passed by the third respondent, dated 31.12.2012, the detenu had been lodged in the Central Prison, Coimbatore.

(2.) 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.

(3.) The learned counsel appearing on behalf of the petitioner had referred to Paragraph-5 of the grounds of detention, which reads as follows: