(Order of the Court was made by M.CHOCKALINGAM, J.) This petition challenges an order of the third respondent made against the husband of the petitioner detaining him under the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980, terming him as a Black Marketeer.
2.The Court perused the entire materials available and heard the learned Counsel for the petitioner.
3.It is not in controversy that pursuant to the recommendations made by the sponsoring authority that he is involved in two adverse cases namely (1) Karaikudi South PS Cr.No.532/08 under
Sections 307,353 IPC and Sec.6(4) of TNSC (RDCS) Order 1982 r/w Sec.7(1)(a)(ii) of Essential Commodities Act and (2) Madurai CS CID Cr.No.876/08 under Sec.6(4) of TNSC (RDCS) Order 1982 r/w Sec.7(1)(a)(ii) of the Essential Commodities Act, 1955 and one ground case in Madurai CS CID Cr.No.29/2009 under Sec.6(4) of TNSC (RDCS) Order 1982 r/w 7(1)(a)(ii) of EC Act for an incident that had taken place on 4.2.2009, after perusing all the materials placed, the detaining authority has passed the order which is under challenge.
4.The only ground on which the order under challenge is being attacked by the learned Counsel for the petitioner is that though the remarks were called for on 20.2.2009, it was actually received by the authority on 9.3.2009, and thus, there was a delay of about 19 days. This delay is inordinate and unexplained. Hence it has got to be set aside.
5.In answer to the above it is contended by the State that out of this 19 days, 6 days were holidays.
6.In the case on hand, it would be quite evident that regarding 13 days, no explanation is forthcoming from the State. In the considered opinion of the Court, this delay is not only huge, but also inordinate. It would speak of the non-promptitude of the authority which would suffice to set aside the order.
7.Accordingly, this habeas corpus petition is allowed setting aside the order of the third respondent. The detenu is directed to be set at liberty forthwith unless his presence is required in connection with any other case.
nsv To
1.The District Collector and District Magistrate Madurai District, Madurai.
2.The Additional Secretary Government of India Ministry of Consumer Affairs, Food and Public Distribution (Department of Consumer Affairs) Room No.270, Krishi Bhavan,New Delhi 110 001.
3.The Secretary Government of Tamilnadu Co-operation, Food and Consumer Protection Department Secretariat, Chennai 9.
4.The Inspector of Police CS CID, Madurai.
5.The Superintendent, Central Prison, Madurai.
6.The Joint Secretary to Government, Public ( Law and Order) Department, Fort St.George, Chennai - 9.
7.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai.