S K MURUGESAN 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 30.12.2012, made in S.C.No.28/2012[CS], quash the same, and to produce the petitioner's brother, namely, Balu, s/o.Kutti Gounder, aged 41 years, confined in the Central Prison, Salem, before this Court and to set him at liberty.

(2.) THE detenu, namely, Balu, s/o.Kutti Gounder, has been detained, under Section 3(2)(a) r/w. Section 3[1] of the Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Act No.7 of 1980), pursuant to the order passed by the third respondent, in his proceedings S.C.No.28/2012[CS], dated 30.12.2012. In view of the detention order passed by the third respondent, dated 30.12.2012, the detenu had been lodged in the Central Prison, Salem.

(3.) THE main contention of the learned counsel appearing on behalf of the petitioner is that the detaining authority, while passing the impugned order of detention, dated 30.12.2012, had not applied his mind properly. In order to substantiate the said claim, the learned counsel appearing on behalf of the petitioner had referred to paragraph No.5 of the grounds of detention, which reads as follows:-