LAWS(MAD)-2023-2-177

LAKSHMI DEVI Vs. SECRETARY TO GOVERNMENT, GOVERNMENT OF INDIA MINISTRY OF CONSUMER AFFAIRS FOOD AND PUBLIC DISTRIBUTION (DEPARTMENT OF CONSUMER AFFAIRS)

Decided On February 13, 2023
LAKSHMI DEVI Appellant
V/S
Secretary To Government, Government Of India Ministry Of Consumer Affairs Food And Public Distribution (Department Of Consumer Affairs) Respondents

JUDGEMENT

(1.) Captioned 'Habeas Corpus Petition' [hereinafter 'HCP' for the sake of convenience and clarity] has been filed by the spouse of detenu in this Court on 18/10/2022 assailing a 'detention order dtd. 6/10/2022 bearing reference PBMMSECA No.8/2022' [hereinafter 'impugned detention order' for the sake of convenience and clarity] made by the 'third respondent i.e., jurisdictional District Collector' [hereinafter 'Detaining Authority' for the sake of convenience and clarity]. To be noted, sixth respondent i.e., jurisdictional Inspector of Police is the Sponsoring Authority.

(2.) Ms.G.Gayathri, learned counsel representing the counsel on record for petitioner and Mr.R.Muniyapparaj, learned Additional Public Prosecutor for all the six respondents are before us.

(3.) The impugned detention order has been made by the Detaining Authority inter alia on the premise that the detenu is a 'Black Marketeer' vide 'Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Central Act No.7 of 1980)' [hereinafter 'Black Marketing and EC Act' for the sake of convenience and clarity].