SELVAMBIGAI Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) CHALLENGE is made to an order of the second respondent made in C. M. P. No. 1/P. B. M. S. E. C. Act/J3/2008, dated10. 01. 2008, whereby one Saravanan, the husband of the petitioner, was termed as Black Marketer and detained under the Provisions of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act 1980.

(2.) THE affidavit filed in support of the petition is perused. THE court heard the learned counsel on either side. THE order under challenge is also perused.

(3.) ADVANCING arguments on behalf of the petitioner, the learned counsel inter-alia raised two points. Firstly, the husband of the petitioner, namely Saravanan, was arrested on 08. 01. 2008; that he was produced before the Judicial Magistrate, Omalur and was remanded till 22. 1. 2008; that the Sponsoring Authority placed the materials before the Detaining Authority on 09. 01. 2008; that the order of detention came to be passed on 10. 01. 2008; that in the instant case, when the order was passed, not even one bail application was filed, but the Detaining Authority has pointed out that there is real possibility of the detenu coming out on bail in future and thus, even without any material whatsoever, the Detaining Authority has passed the order and hence, the order has got to be set aside.