Chinnathambi v. The Additional Secretary to Government of India

ORDER (Order of the Court was made by Sunder Mohan J.) The father of detenu - Saravanan, aged about 48 years, S/o.Chinnathambi has filed this petition challenging the detention order dated 07.04.2026, branding him as a 'Black Marketeer' under the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 [Central Act 7 of 1980]. Page3 of 7

¶2We have heard the learned counsel for petitioner and learned counsel for Government of Tamil Nadu (Criminal Side) for respondents 2 to 6.

¶3Though several grounds have been raised, we are of the view that the impugned detention order is liable to be quashed on the sole ground that the subjective satisfaction of the detaining authority as regards the real possibility of the detenu coming out on bail, is vitiated.

4.The detaining authority has observed in the grounds of detention that the detenu was in remand and a bail application is pending. He had referred to an order passed in Crl.M.P.No.800 of 2024, dated 13.12.2024, wherein the accused was granted bail, stating that the facts are similar. However, on perusal of the said order, we find that the facts are dissimilar. The accused therein along with another accused was found in possession of 600 Kgs of PDS rice. Whereas, the detenu is the sole accused in the ground case and was found in possession of 5,500 Kgs of PDS rice. Since the case of the detenu is far graver, the detaining authority ought not to have relied on the aforesaid order to arrive at the subjective satisfaction that the detenu is likely to be released on bail. As stated earlier, since the subjective satisfaction is vitiated on this ground, the detention order cannot be sustained. Page4 of 7

¶5In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the third respondent in C.M.P.No. 26/Black Marketer/2026[M1] dated 07.04.2026, is set aside.

¶6The detenu, viz., Saravanan, aged about 48 years, S/o.Chinnathambi, who is now confined in Central Prison, Salem, is hereby directed to be set at liberty forthwith unless his presence is required in connection with any other case. (A.S.M.,J.) (S.M.,J.) 02-07-2026 Index: Yes/No Speaking/Non-speaking order TSG Note: Issue order copy today. To

¶1The Additional Secretary to Government of India Ministry of Consumer Affairs, Food and Public Distribution, (Department of Consumer Affairs), Room No. 270, Rishi Bhavan, New Delhi 11001.

¶2The State of Tamilnadu, Reptd. by its Secretary to Government (Home), Cooperation, Food and Consumer Protection Department, Secretariat, Fort St. George, Chennai - 600 009. Page5 of 7

¶3The District Magistrate and District Collector Namakkal District, Namakkal.

¶4The Superintendent of Police CSCID-Namakkal. Namakkal District.

¶5The Superintendent of Prison Central Prison, Salem.

¶6The Inspector of Police, CSCID-Chennai, Erode Unit In charge, Namakkal Unit.

¶7The Joint Secretary, Law and Order Department, Secretariat, Chennai.

¶8The Public Prosecutor, High Court, Madras. HCPoNo.o902oofo2026 DR.ANITAoSUMANTH,oJ. AND SUNDERoMOHAN,oJ. TSG HCPoNo.o902oofo2026 02-07-2026 Page6oofo7 Page7 of 7 HCP.No.902 of 2026

Dr. ANITA SUMANTH, J. and SUNDER MOHAN

, J.

(Order of the Court was made by Dr. ANITA SUMANTH, J.) This matter is listed today under the caption 'for being mentioned' as the name of Mr.K.Ramanamoorthy, learned Senior Panel Counsel for R1 was inadvertently not mentioned.

¶2Hence, the appearance portion to now read as follows: Mr.K.Ramanamoorthy, learned Senior Panel Counsel for R1 Mr.C.R.Malarvannan, learned Counsel for Government of Tamil Nadu (Criminal Side) for R2 to R6.

¶3Except the aforesaid modification, order dated 02.07.2026 remains unaltered.

[A.S.M, J.] [S.M, J.]

07.07.2026 ssm

Note: Registry to issue a fresh copy of this order today after incorporating necessary corrections.

Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Chinnathambi ..Petitioner(s) Vs 1. The Additional Secretary to Government of India Ministry of Consumer Affairs, Food and Public Distribution, (Department of Consumer Affairs), Room No. 270, Rishi Bhavan, New Delhi 11001. 2. The State of Tamilnadu, Reptd. by its Secretary to Government (Home), Cooperation, Food and Consumer Protection Department, Secretariat, Fort St. George, Chennai - 600 009. 3. The District Magistrate and District Collector Namakkal District, Namakkal. 4. The Superintendent of Police CSCID- Namakkal. Namakkal District. 5. The Superintendent of Prison Central Prison, Salem. Page2 of 7 6. The Inspector of Police, CSCID- Chennai, Erode Unit In charge, Namakkal Unit. ..Respondent(s) Prayer: Petition filed under Article 226 of the Constitution of India, seeking for a Writ of Habeas Corpus, to call for the records pertaining to the order of detention passed in C.M.P.No. 26/BLACK MARKETER/2026 /(M1) , dated on 07.04.2026 passed by the 3rd respondent and set aside the same and directing the respondents to produce the petitioners son by name Thiru. Saravanan S/o.Chinnathambi aged about 48 years before this Honble Court now confined in Central Prison, Salem and set him at liberty. For Petitioner(s): Mr.K.Thenrajan For Respondent(s): Mr.C.R.Malarvannan, Counsel for Government of Tamil Nadu (Criminal Side)