MUBEENA Vs. ADDITIONAL SECRETARY, GOVERNMENT OF INDIA

JUDGEMENT

(1.) The petitioner is the wife of detenu. The detenu has been branded as a "Black Marketeer" under the Tamil Nadu Act 14 of 1982 and detained under order of the 3rd respondent passed in Cr.M.P. No. 54/BM/2013 (E1) dated 05.12.2013. The detenu came to adverse notice in the following cases: <FRM>JUDGEMENT_373_LAWS(MAD)4_2014_1.html</FRM>

(2.) Though learned counsel for the petitioner has raised several other grounds to assail the order of detention, he has mainly focused his argument on the ground that though the detaining authority relied on a bail order granted to the co-accused, namely, Sikkandar @ Ottapal Sikkandar @ Pal Sikkandar, in respect of 1st adverse case, by the learned District Principal and Sessions Court, Coimbatore and arrived at the subjective satisfaction that there is a likelihood of the detenu coming out on bail in respect of Crime No. 376 of 2013, ground case, but grounds raised by the co-accused for grant of bail in the said similar case was entirely different from the present case. Moreover, bail was granted to co-accused therein on the ground of his incarceration for more than 47 days and also based on completion of investigation, whereas such is not the position with the present detenu. Therefore, on this sole ground, the detention order is liable to be quashed.

(3.) We have heard the learned Additional Public Prosecutor on the above submission.