Sajitha Banu v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.01.2022 Coram THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MS. JUSTICE R.N.MANJULA H.C.P.No.1305 of 2021 Sajitha Banu W/o.Mohamed Thoufiq .. Petitioner Vs.
1. The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600 009.
2. The District Collector and District Magistrate, Coimbatore District, Coimbatore.
3. The Additional Secretary, Government of India, Ministry of Consumer Affairs, Food and Public Distribution, [Dept. of Consumer Affairs], Room No.270, Krishi Bhawan, New Delhi - 110 001.
4. The Superintendent of Police, Coimbatore, Coimbatore District.
5. The Superintendent of Prison, Central Prison - Coimbatore, Coimbatore Distirct.
6. State represented by its The Inspector of Police, CS-CID-Pollachi Police Station, Coimbatore District.
.. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a writ of Habeas Corpus calling for the entire records relating to the petitioner's husband detention under Tamil Nadu Act 14 of 1982 vide detention order dated 13.08.2021 on the file of the second respondent
herein made in proceedings Memo Cr.M.P.No.23/BM/2021/E1, quash the same as illegal and consequently, direct the respondents herein to produce the petitioner's husband, namely, Mohamed Thoufiq @ Thoufiq s/o.Abdul Rahman, aged 23 years, before this Court, who is now confined at Central Prison, Coimbatore and set him at liberty For Petitioner : Mr.W.Camyles Gandhi For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor
O R D E R
[Order of the Court was made by R.N.MANJULA, J] The petitioner is the wife of the detenu viz., Mohamed Thoufiq @ Thoufiq s/o.Abdul Rahman, aged 23 years. The detenu has been detained by the second respondent by his order in Cr.M.P.No.23/BM/2021/E1 dated 13.08.2021, holding him to be a "Black Marketeer", as contemplated under the provisions of Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Act No.7 of 1980). The said order is under challenge in this Habeas Corpus Petition.
2. Learned Additional Public Prosecutor would submit that the detention order passed against the detenu in Cr.M.P.No.23/BM/2021/E1 dated 13.08.2021, on the file of the second respondent is revoked vide G.O.Rt.No.216, Co-operation, Food and Consumer Protection (E1) Department, dated 06.10.2021 and produced a copy of the said order.
In view of the above, this petition is closed as it has become infructuous.
Sd/- Assistant Registrar True Copy// Sub Assistant Registrar gm To
1. The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600 009.
2. The District Collector and District Magistrate, Coimbatore District, Coimbatore.
3. The Additional Secretary, Government of India, Ministry of Consumer Affairs, Food and Public Distribution, [Dept. of Consumer Affairs], Room No.270, Krishi Bhawan, New Delhi - 110 001.
4. The Superintendent of Police, Coimbatore, Coimbatore District.
5. The Superintendent of Prison, Central Prison - Coimbatore, Coimbatore Distirct.
6. The Inspector of Police, CS-CID-Pollachi Police Station, Coimbatore District.
7. The Joint Secretary to Government of Tamil Nadu, Public, Law and Order Department, Secretariat, Chennai - 9.
8. The Public Prosecutor, High Court, Madras.
H.C.P.No.1305 of 2021 SSI[co] NSK 20/01/2022