S.A. Hyder Ali, Age 40 Years, v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.12.2016
CORAM
THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE S.BASKARAN H.C.P.No.2050 of 2016 S.A.Hyder Ali .. Petitioner Vs 1.The Secretary to Government, Cooperation, Food and Consumer Protection Department, 2nd Floor, Namakkal Kavignar Maaligai, Secretariat, Chennai-600 009.
2.The District Collector and District Magistrate, Villupuram District, Villupuram.
3.The Secretary to the Government, Government of India, Ministry of Consumer Affairs, Food and Public Distribution, Dept. of Consumer Affairs, Room No.270, Krishi Bhawan, New Delhi-110 001.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS, to call for the records in connection with the order of detention passed by the second respondent dated 31.8.2016 in memo No.C2/19623/2016/Black Marketing Act/2016 against the petitioner's brother Anwar Ali, son of Abdul Wahab, aged about 50 years, who is confined at the Central Prison, Cuddalore and to set aside the same and to direct the respondents to produce the detenu before this court and to set him at liberty. For Petitioner : Mr.K.Gandhikumar For Respondents: Mr.V.M.R.Rajentran, APP for RR1 and 2 Mr.S.Arockiam, CGSC for R-3
ORDER
[Order of the Court was made by M.JAICHANDREN,J] This Habeas Corpus Petition has been filed by the brother of the detenu, namely, Anwar Ali, aged about 50 years, son of Abdul Wahab, to issue a Writ of Habeas Corpus, to call for the records, in No.C2/19623/2016, dated 31.8.2016, passed by the second respondent, detaining the detenu, under Section 3(1) read with Section 3(2)(a) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Act 7 of 1980), branding him as a "Black Marketeer", in the Central Prison, Cuddalore, and to quash the same and to direct the Respondents to produce the body of the detenu and to set him at liberty forthwith.
At this stage of the hearing of the Habeas Corpus Petition, the learned Additional Public Prosecutor appearing on behalf of the respondents 1 and 2 would submit that the order of detention passed by the second respondent, against the brother of the petitioner, dated 31.8.2016, has been revoked by the Government, in G.O. Rt. No.385, Cooperation, Food and Consumer Protection (E1) Department, dated 20.10.2016 and he has also produced a copy of the said order.
Recording the submission of the learned Additional Public Prosecutor, this petition is dismissed, as infructuous. -Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar vvk
To 1.The Secretary to Government, Cooperation, Food and Consumer Protection Department, 2nd Floor, Namakkal Kavignar Maaligai, Secretariat, Chennai-600 009.
2.The District Collector and District Magistrate, Villupuram District, Villupuram.
3.The Secretary to the Government, 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 Public Prosecutor, High Court, Madras.
+1 cc to Mr.S.Arockiam Advocate sr 70800 H.C.P.No.2050 of 2016 sal(co) aa09/01/2017