Rajesh v. The Additional Secretary To Government Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.02.2022 Coram THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN H.C.P.No.1744 of 2021 Rajesh S/o.Valluvan .. Petitioner Vs.

1.The Additional Secretary to Government of India, Ministry of Consumer Affairs, Food and Public Distribution, (Department of Consumer Affairs), Room no.270, Krishi Bhawan, New Delhi - 110 001.

2.The Principal Secretary to the Government, Food and Consumer Protection Department, II Floor, Namakkal Kavignar Maaligai, Secretariat, Chennai - 600 009.

3.The Commissioner of Police, The Greater Chennai City, Vepery, Chennai - 600 008.

4.The Superintendent of Prison, Central Prison II, Puzhal, Chennai - 600 066.

5.The Inspector of Police, Civil Supplies CID, Chennai Unit.

.. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus calling for the records relating to the detention order passed in Memo No.05/Black Marketing Act/2021 dated 18.09.2021 passed by the third respondent u/s.3(1) r/w 3(2) (b) of the Prevention of

Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Central Act 7 of 1980) and set aside the same and direct the respondents to produce the petitioner's uncle Senthilvel s/o.Duraisamy, aged about 38 years, the detenu, confined in Central Prison II, Puzhal, before this Court and set him at liberty.

For Petitioner :Mr.D.Gopi Krishnan For Respondents :Mr.R.Muniyapparaj Additional Public Prosecutor *****

ORDER

[Order of the Court was made by A.A.NAKKIRAN, J] The petitioner is the nephew of the detenu viz., Senthilvel s/o.Duraisamy, aged about 38 years. The detenu has been detained by the third respondent by his order in Memo No.05/Black Marketing Act/2021 dated 18.09.2021, holding him to be a "Black Marketeer", as contemplated under sub section 3(2)(b) r/w 3(1) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Central 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 Memo No.05/Black Marketing Act/2021 dated 18.09.2021, on the file of the third respondent is revoked vide G.O.Rt.No.229, Co-operation, Food and Consumer Protection (E1) Department, dated 20.10.2021 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(CS-VII) // True Copy // Sub Assistant Registrar gm

To 1.The Additional Secretary to Government of India, Ministry of Consumer Affairs, Food and Public Distribution, (Department of Consumer Affairs), Room no.270, Krishi Bhawan, New Delhi - 110 001. 2.The Principal Secretary to the Government, Food and Consumer Protection Department, II Floor, Namakkal Kavignar Maaligai, Secretariat, Chennai - 600 009.

3.The Commissioner of Police, The Greater Chennai City, Vepery, Chennai - 600 008.

4.The Superintendent of Prison, Central Prison II, Puzhal, Chennai - 600 066. 5.The Inspector of Police, Civil Supplies CID, Chennai Unit.

6.The Joint Secretary to Government of Tamil Nadu, Public, Law and Order Department, Secretariat, Chennai - 9.

7.The Public Prosecutor, High Court, Madras.

H.C.P.No.1744 of 2021 EV(CO) CB(18/02/2022)