Dhivya v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.11.2022 Coram THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MR. JUSTICE RMT. TEEKAA RAMAN H.C.P.No.765 of 2022 Dhivya W/o.Prabakar ... Petitioner Vs.

State represented by:

1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The Commissioner of Police, 3.The Superintendent of Prison, Central Prison, Salem.

4.The Inspector of Police, Civil Supplies Criminal Investigation Department, Salem CS CID, ... Respondents 1/4

Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus calling for the records in C.M.P.No.03/Black Marketer/Salem City/2022 dated 12.04.2022 on the file of the second respondent herein and quash the same as illegal and direct the respondents to produce the detenu Prabakaran @ Prabakar S/o.Shanmugam, aged about 33 years, now confined at Central Prison, Salem, before this Court and set him at liberty.

For Petitioner :

Ms.S.Sengkodi For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor *****

O R D E R

[Made by RMT. TEEKAA RAMAN, J.] The petitioner is the wife of the detenu viz., Prabakaran @ Prabakar S/o.Shanmugam, aged about 33 years. The detenu has been detained by the second respondent by his order in C.M.P.No.03/Black Marketer/Salem City/2022 dated 12.04.2022, holding him to be a "Black Marketer", as contemplated under the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 [Central Act 7 of 1980]. The said order is under challenge in this Habeas Corpus Petition. 2/4

2. Learned Additional Public Prosecutor would submit that the detention order passed against the detenu in C.M.P.No.03/Black Marketer/Salem City/2022 dated 12.04.2022, on the file of the second respondent is revoked vide G.O.Rt.No.166, Co-operation, Food and Consumer Protection (E1) Department, dated 09.05.2022 and produced a copy of the said order.

In view of the above, this petition is closed as it has become infructuous.

[PNP, J.] [TKR, J.] 07.11.2022 Index: Yes/No gm To 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The Commissioner of Police, 3.The Superintendent of Prison, Central Prison, Salem.

3/4

P.N.PRAKASH, J.

and RMT. TEEKAA RAMAN, J.

gm 4.The Inspector of Police, Civil Supplies Criminal Investigation Department, Salem CS CID, 5.The Joint Secretary to Government of Tamil Nadu, Public, Law and Order Department, Secretariat, Chennai - 9.

6.The Public Prosecutor, High Court, Madras.

H.C.P.No.765 of 2022 07.11.2022 4/4