SELVI Vs. SECRETARY TO GOVERNMENT, FOOD CO-OPERATION AND CONSUMER PROTECTION DEPARTMENT; DISTRICT COLLECTOR AND DISTRICT MAGISTRATE AND SECRETARY TO GOVERNMENT, FOOD AND CONSUMER PROTECTION DEPARTMENT, GOVERNMENT OF INDIA

JUDGEMENT

(1.) The petitioner who is the wife of the detenu by name Perumal, who was detained as a "Black Marketer" under Section 3(2)(a) read with 3(1) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980.

(2.) Heard learned counsel for the petitioner as well as learned Government Advocate for the respondents.

(3.) At the foremost, learned counsel for the petitioner by drawing our attention to para 8 of the grounds of detention (English version) submitted that inasmuch as the detenu has not filed any bail application and on the date of the detention order he was in Central Prison, Trichy as a remand prisoner, there is no imminent possibility of coming out on bail and this relevant aspect has not been considered by the detaining authority.