VENKATESAN Vs. ADDITIONAL SECRETARY TO GOVERNMENT OF INDIA

JUDGEMENT

(1.) Captioned 'Habeas Corpus Petition' ['HCP' for the sake of brevity] has been filed by father of detenu assailing a 'preventive detention order dtd. 17/11/2022 bearing reference C3.D.O.No.117/2022' [hereinafter 'impugned detention order' for the sake of convenience and brevity]. To be noted, sixth respondent is the sponsoring authority and third respondent is the detaining authority as impugned detention order has been made by third respondent.

(2.) Impugned detention order has been made by the Detaining Authority 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].

(3.) There is one adverse case and one ground case. The ground case which is the sole substratum of the impugned detention order is Crime No.241 of 2022 on the file of Civil Supplies CID, Vellore for alleged offences under Ss. 6(4) of TNSC (RDCS) Order 1982 read with 7(1)(a)(ii) of Essential Commodities Act, 1955. Owing to the nature of the challenge to the impugned detention order, it is not necessary to delve into the factual matrix or be detained further by facts.