A FAROOK Vs. SECRETARY TO GOVERNMENT, FOOD AND CONSUMER PROTECTION DEPARTMENT, GOVERNMENT OF INDIA; STATE OF TAMIL NADU REP BY SECRETARY TO GOVERNMENT, CO-OPERATION, FOOD AND CONSUMER PROTECTION DEPARTMENT AND COMMISSIONER OF POLICE

JUDGEMENT

(1.) The petitioner, who is the brother of the detenu, by name Khaja Moideen @ Khaja, who is detained as a "Balck Marketeer" as contemplated under Section 3(2)(b) read with 3(1) of the prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980, by the impugned detention order dated 15.07.2006, challenges the same in this Petition.

(2.) Heard learned Counsel for the petitioner as well as learned Additional Public Prosecutor for the respondents.

(3.) At the foremost, learned Counsel for the petitioner, by drawing our attention to the averments in paragraph 6 of the grounds of detention, has submitted that though the detaining authority was very well aware of the fact of the pendency of the bail application, while arriving imminent possibility, he has mechanically observed that "there is a real possibility of the detenu being coming out on bail by filing another bail application in future...", which shows non application of mind on his part and hence, the detention order has to be quashed