MUTHAIAH Vs. SECRETARY TO GOVERNMENT, DEPARTMENT OF CO

JUDGEMENT

(1.) The petitioner is the detenu viz., Muthaiah, S/o.Pattan Chettiyar, aged about 58 years. The detenu has been detained, as per the order of the second respondent, dated 26.12.2017, under Section 3(2)(a) read with 3(1) of Tamil Nadu Act 7 of 1980, branding him as "Black Marketing". Challenging the same, the petitioner has come up with this Habeas Corpus Petition.

(2.) We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents. We have also perused the records carefully.

(3.) Though several grounds have been raised in the Habeas Corpus Petition, the learned counsel for the petitioner would mainly focus his argument on the ground that there is violation of procedural safeguards, which are guaranteed under Articles 21 and 22 of the Constitution of India. The learned counsel would submit that the representation made by the petitioner was not considered on time and there was an inordinate and unexplained delay. The learned counsel has relied on few Judgments of the Hon'ble Supreme Court. Based on the same, the learned counsel would plead for setting aside the detention order.