Karpagam v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 23.12.2021

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mrs.JUSTICE R.HEMALATHA H.C.P.No.2139 of 2021 Karpagam ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Secretary of Government, Home, Prohibition & Excise Department, Fort St. George, Chennai - 600 009.

2.The Commissioner of Police, Salem City, Salem District.

3.The Superintendent, Central Prison - Salem, Salem District.

4.The Inspector of Police, Civil Supplies CID, Salem, Salem District.

(Crime No.150/2021) ... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to call for the entire records leading to the detention of petitioner's husband, the detenu Siva @ Sivakumar, aged 27, son of Mani, presently detained in Central Prison, Salem, under Act 14/1982, as 'Black Marketer' vide the detention order dated 26.10.2021 in C.M.P.No.3/Black Marketer/Salem City/2021, on the file of the 2nd respondent herein, directing to produce the person or body of the detenu Siva @ Sivakumar, aged 27, son of Mani, before this Hon'ble Court and thereafter set him at liberty from the Central Prison, Salem, by set aside the above order.

For petitioner : Mr.B.Vasudevan

For respondents : Mr.R.Muniyapparaj Additional Public Prosecutor

O R D E R

[Order of the Court was made by R.HEMALATHA, J.] The petitioner challenges the impugned order of detention in C.M.P.No.3/Black Marketer/Salem City/2021, dated 26.10.2021, detaining her husband as "BLACK MARKETER" under Section 3(1) read with 3(2)(b) of 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 The learned Additional Public Prosecutor submitted that the order of detention passed against the detenu has been revoked by the Government by its order in G.O.Rt.No.267, Cooperation, Food and Consumer Protection (E1) Department, dated 07.12.2021 and he has also produced a copy of the Government Order.

Recording the same, this Habeas Corpus Petition stands closed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar mtl To 1.The Secretary of Government, State of Tamil Nadu, Home, Prohibition & Excise Department, Fort St. George, Chennai - 600 009.

2.The Commissioner of Police, Salem City, Salem District.

3.The Superintendent, Central Prison - Salem, Salem District.

4.The Inspector of Police, Civil Supplies CID, Salem, Salem District.

5.The Joint Secretary to Government Public, Law and Order Department Secretariat, Chennai-9.

6.The Public Prosecutor High Court, Madras.

H.C.P.No.2139 of 2021 A.SK(06.01.2022)