G KUPPAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Habeas Corpus Petition has been filed to call for the records relating to the order of the second respondent, dated 22.12.2012, made in D.O. No. 61 of 2012-C2, quash the same, and to produce the petitioner's son, namely, K. Sivaraj, son of Kuppan, aged about 25 years, confined in the Vellore Central Prison, Vellore, before this Court and to set him at liberty. The detenu, namely, K. Sivaraj, son of Kuppan, has been detained, under Section 3(1), read with Section 3(2)(a) 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 second respondent, in his proceedings D.O. No. 61 of 2012-C2, dated 22.12.2012. In view of the detention order passed by the second respondent, dated 22.12.2012, the detenu had been lodged in the Central Prison, Vellore.

(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 mat 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-3 of the grounds of detention, which reads as follows: