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Madras High CourtHCP/677/2024dismissed as infructuous

M.Sudhamathi v. The State Rep By Its,

2024-07-01Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Mrs.Sudhamathi ... Petitioner/wife of the detenue Vs.

1.The State of Tamil Nadu, Rep. by its Secretary to Government , Prohibition and Excise Department (Home), Fort St.George, Chennai - 600 009.

2. The District Magistrate and District Collector, Erode District, Erode District Collectorate, Erode.

3. The Superintendent of Police, Erode District, Erode.

4. The Superintendent of Police, Central Prison, Coimbatore.

5. The Inspector of Police, Civil Supplied C.I.D., Erode Unit, Erode District.

... Respondents

Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus Petition, to produce the body of the detenu namely Kannan @ Manoharan (aged 48 years Son of Manickam) before this Court and set him at liberty forthwith, by calling for the records pertaining to the detention order Crl.M.P.No.05/Black Marketer/2024 C1 dated 24.02.2024 passed by the 2nd respondent, quash the same.

For Petitioner :

Ms.K.Madhu For Respondents :

Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

M.S.RAMESH , J.

and SUNDER MOHAN, J.

The petitioner herein is the wife of the detenu viz., Kannan @ Manoharan, S/o.Manickam, the detenue, now confined at Central Prison, Coimbatore, has come forward with this petition challenging the detention order passed by the second respondent dated 24.02.2024 slapped on her husband, branding him as "Black Marketer" under the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 [Central Act 7 of 1980].

2.The learned Additional Public Prosecutor would submit that the

order of detention passed by the second respondent as against the petitioner's husband, dated 24.02.2024 has been revoked by the Government in G.O.Rt.No.157, Co-operation, Food and Consumer Protection (E1) Department, dated 12.04.2024 and he has also produced a copy of the said order.

3.Recording the submission of the learned Additional Public Prosecutor, this petition is dismissed as the same has become infructuous. [M.S.R., J] [S.M., J] 01.07.2024 Anu Internet : Yes Index : Yes / No

M.S.RAMESH , J.

and SUNDER MOHAN, J.

Anu/mp To 1.The Secretary to Government , Prohibition and Excise Department (Home), Fort St.George, Chennai - 600 009.

2. The District Magistrate and District Collector, Erode District, Erode District Collectorate, Erode.

3. The Superintendent of Police, Erode District, Erode.

4. The Superintendent of Police, Central Prison, Coimbatore.

5. The Inspector of Police, Civil Supplied C.I.D., Erode Unit, Erode District.

6.The Public Prosecutor, High Court, Madras.

01.07.2024