Shanmugam, M/A-47 Years v. The State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.03.2017
CORAM
THE HON'BLE MR.JUSTICE S.NAGAMUTHU and THE HON'BLE DR.JUSTICE ANITA SUMANTH H.C.P.No.2412 of 2016 Shanmugam
...Petitioner
versus 1.The State Represented by The Secretary to Government Co-Operation Food and Consumer Protection Department 2nd Floor Namakkal Kavignar Maaligai, Secretariat, Fort St. George, Chennai - 600 009.
2. The State Represented by The Commissioner of Police, Salem City, Salem.
3. The Central Represented by The Additional Secretary to Government of India, Ministry of Consumer Affairs, Food and Public Distribution, (Department of Consumer Affairs) Room No.270, Krish Bhavan, 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 in CMP. No.3/BM / Salem City / 2016, dated 24.10.2016 against the petitioner's son namely Dhanasekar, son of Shanmugam, aged 24 years, who is confined at Central Prison, Salem, set-aside the same and direct the respondents to produce the detenu before this Hon'ble court. For Petitioner : Mr.I.Paul Noble Devakumar For Respondents : Mr.V.M.R.Rajentren, Additional Public Prosecutor.
For Respondent 3 : Mr. S. Arockiam, CGSC
O R D E R
[Order of the Court was made by S.NAGAMUTHU, J.] Challenge is made to the order of detention passed by the second respondent vide Proceedings C.M.P.No.3/Black Marketer/Salem City/2016 dated 24.10.2016, whereby the detenu, namely Thiru.Dhanasekar, S/o.Shanmugam, aged about 24 years, was ordered to be detained under BLACK MARKETER as contemplated under the Prevention of Black Marketing 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the order of detention passed by the second respondent as against the father of the petitioner dated 24.10.2016 has been revoked by the Government in G.O. Rt. No.429 COOPERATION, FOOD AND CONSUMER PROTECTION (E3) DEPARTMENT, dated 16.11.2016 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 infructuous. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The State Represented by The Secretary to Government Co-Operation Food and Consumer Protection Department 2nd Floor Namakkal Kavignar Maaligai, Secretariat, Fort St. George, Chennai - 600 009.
2. The State Represented by The Commissioner of Police, Salem City, Salem.
3. The Central Represented by The Additional Secretary to Government of India, Ministry of Consumer Affairs, Food and Public Distribution, (Department of Consumer Affairs) Room No.270, Krish Bhavan, New Delhi - 110 001.
4. The Public Prosecutor, High Court, Madras.
+1 CC to Mr. S. Arockiam, Advocate sr 15191 H.C.P.No.2412/2016 VSN(CO) sp/27/3