B. JAYABANU Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) This Habeas Corpus Petition has been filed to call for the records relating to the order of the 1st respondent, dated 4.1.2013, made in No. 1 of 2013, quash the same, and to produce the petitioner's husband, namely, Balamurugan, son of Sudalaimani, aged 26 years, confined in the Central Prison, Puzhal, Chennai, before this Court, and to set him at liberty. The detenu, namely, Balamurugan, son of Sudalaimani, has been detained, under Section 3(2)(b) read with Section 3(1) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (7 of 1980), pursuant to the order passed by the 1st respondent, in his proceedings, No. 1 of 2013, dated 4.1.2013. In view of the detention order passed by the 1st respondent, dated 4.1.2013, the detenu had been lodged in the Central Prison, Puzhal, Chennai.

(2.) Even though various grounds had been raised by the petitioner, in the present Habeas Corpus petition, while challenging the order of detention, passed by the 1st respondent, the learned counsel appearing on behalf of the petitioner had submitted that the order of detention passed by the 1st respondent, on 4.1.2013, is liable to be set aside, on the ground of non-application of mind on the part of the detaining authority.

(3.) The main contention of the learned counsel appearing on behalf of the petitioner is that the detaining authority, while passing the impugned order of detention, dated 4.1.2013, had not applied his mind properly. In order to substantiate the said claim, the learned counsel appearing on behalf of the petitioner had referred to the averments made in paragraph No. 4 of the grounds of detention, which reads as follows:-