Thomas v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2019

CORAM:

THE HONOURABLE Mr.JUSTICE C.T.SELVAM and THE HONOURABLE Mrs.JUSTICE S.RAMATHILAGAM H.C.P. No.2463 of 2018 Thomas @ Tiny Thomas ... Petitioner -Vs1.The Secretary to Government, Co-operation, Food & Consumer Protection Department, Namakkal, Kavignar Maaligai, 2nd Floor, Secretariat, Chennai - 600 009.

2.The District Magistrate & District Collector, Office of the Salem District Collector, Salem City.

...

Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for the entire records connected with the detention order in C.M.P.No.04/ PBMMSEC ACT/2018 (C2) on 27.09.2018 on the file of the respondent No.2 and quash the same and direct the respondents to produce the body and person of the petitioner one named Tiny Thomas, S/o.M.T.Thomas, aged about 40 years, now confined at Central Prison, Salem before this Hon'ble Court and set him at liberty forthwith.

For Petitioner : Mr.V.Paarthiban For Respondents: Mr.R.Prathap Kumar Additional Public Prosecutor

ORDER

[Order of the Court was made by C.T.SELVAM, J.] The petitioner, who is the detenu, namely, Tiny Thomas, Son of M.T.Thomas, aged 40 years, challenges the impugned order of detention, dated 27.09.2018 in C.M.P.No.04/PBMMSEC Act/2018(C2)

detaining him as "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 detenu has come to adverse notice in the following cases:- S.No.

Police Station & Crime No.

Section of Law 1.

Erode C.S.CID Crime No.123/2017 6(4) of TNSC (RDCS) Order, 1982 r/w 7(1) a (ii) of E.C.Act, 1955.

2.

Erode C.S.CID Crime No.91/2018 6(4) of TNSC (RDCS) Order, 1982 r/w 7(1) a (ii) of E.C.Act, 1955.

The ground case has been registered against the detenu in Crime No.110/2018 on the file of the Inspector of Police, Salem Civil Supplies CID for offences u/s. 6(4) of TNSC (RDCS) Order, 1982 r/w 7(1)a(ii) of E.C. Act, 1955. The detention order has been passed by second respondent in C.M.P.No.04/PBMMSEC Act/2018(C2) on 27.09.2018.

3. We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority.

4. Though several grounds have been raised in the Habeas Corpus Petition, the learned counsel appearing for the petitioner, confines his argument only in respect of nonapplication of mind on the part of the detaining authority in passing the order of detention.

5. The Grounds of Detention would reveal that 2 adverse cases have been registered against the detenu and a ground case was registered against him in Cr.No.110/2018 for the offences u/s. 6(4) of TNSC (RDCS) Order, 1982 r/w 7(1)a(ii) of E.C. Act, 1955. Admittedly, the detenu has not moved any bail application in the second adverse case Crime No.91/2018. Therefore, the probability of release of the detenu imminently does not arise. Hence, we are inclined to set aside the detention order. Though the detaining authority has made reliance on similar case, in which an accused was granted bail, the facts involved in those cases are different. The principle of similarity cannot be applied mechanically. Normally, bails are granted based on the facts and circumstances of each case. Therefore, similar case plea, cannot be taken into consideration. Hence, there is no material to substantiate that there is real possibility of the detenue coming out on bail and the said order was passed without

application of mind.

6. In the result, the Habeas Corpus Petition is allowed and the order of detention in C.M.P.No.04/PBMMSEC Act/2018 (C2) dated 27.09.2018, passed by the second respondent is set aside. The detenu, namely, Tiny Thomas, Son of M.T.Thomas, aged about 40 years, is directed to be released forthwith unless his detention is required in connection with any other case. kkn Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar To 1.The Secretary to Government, Co-operation, Food & Consumer Protection Department, Namakkal, Kavignar Maaligai, 2nd Floor, Secretariat, Chennai - 600 009.

2.The District Magistrate & District Collector, Office of the Salem District Collector, Salem City.

3.The Superintendent, Central Prison, Salem.

4.The Joint Secretary Public (Law and order) Department, Secretariat, Chennai - 600 009.

5.The Public Prosecutor High Court, Madras.

H.C.P.No.2463 of 2018 kak(15/02/2019)