Tamilselvi v. The Additional Secretary,

ORDER (Order of the Court was made by Sunder Mohan J.) The wife of the detenu – Thirugnanamoorthi, S/o.Viswanathan, aged 46 years, has filed this petition challenging the detention order dated

05.06.2026, branding him as 'Black Marketer' under the provisions of Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Central Act 7 of 1980).

¶2Heard the learned Counsel for the petitioner and the learned Senior Panel Counsel for the first respondent as well as the learned Counsel for Government of Tamil Nadu for the respondents 2 to 6.

¶3We find on perusal of the record and on hearing the submissions on either side, the impugned order cannot be sustained on the sole ground Page4 of 7 that the special report sent by the sponsoring authority is undated. The compelling necessity to detain the detenu would depend on the date on which the sponsoring authority has sent his report. In the absence of the said date, the special report would become irrelevant and the compelling necessity to detain the detenu becomes doubtful.

¶4Further in 'Rekha Vs. State of Tamil Nadu through Secretary to Government and another' reported in '2011 [5] SCC 244', the Hon'ble Supreme Court had held that where the detention order is passed on any irrelevant material, then, the detention order is liable to be quashed. Therefore, we are of the view that for the aforesaid reason, the impugned detention order is liable to be set aside.

¶5In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the third respondent in Cr.M.P.No.14/Black Marketer/2026 dated 05.06.2026, is set aside. Page5 of 7

¶6The detenu, viz., Thirugnanamoorthi, S/o.Viswanathan, aged 46 years, who is now confined in Central Prison, Coimbatore, 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.) 27-07-2026 Index: Yes/No Speaking/Non-speaking order Note: Issue order copy today. dk

To

¶1The Additional Secretary, Government of India, Ministry of Consumer Affairs, Food and Public Distribution, (Dept. of Consumer Affairs), Room No.270, Krishi Bhawan, New Delhi-110001.

¶2The Secretary to Government, Co-operation Food and Consumer Protection Department, 2nd Floor, Namakkal Kavingar Maligai, Secretariat, Chennai-600 009. Page6 of 7

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

¶4The Superintendent of Police, Tiruppur, Tiruppur District.

¶5The Superintendent of Prison, Central Prison - Coimbatore, Coimbatore District.

¶6State rep.by its The Inspector of Police, Civil Supply - CID, Tiruppur Unit, Tiruppur District.

7.The Joint Secretary, Law and Order Department, Secretariat, Chennai – 600 009.

¶8The Public Prosecutor, High Court of Madras. HCPoNo.1158oofo2026 DR.ANITAoSUMANTH,oJ. AND SUNDERoMOHAN,oJ. dk HCPoNo.o1158oofo2026 27-07-2026 Page7oofo7

Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN HCP No. 1158 of 2026 Tamilselvi, W/o.Thirugnanamoorthi, Door No.30-31, Bharathi Nagar, 5th Street, Olymbus, Ramanathapuram, Coimbatore South Taluk, Coimbatore District. ...Petitioner/Wife of the Detenue Vs 1. The Additional Secretary, Government of India, Ministry of Consumer Affairs, Food and Public Distribution, (Dept. of Consumer Affairs), Room No.270, Krishi Bhawan, New Delhi-110001. 2. The Secretary to Government, Co-operation Food and Consumer Protection Department, 2nd Floor, Namakkal Kavingar Maligai, Secretariat, Chennai - 600 009. Page2 of 7 3. The District Magistrate and District Collector, Tiruppur District, Tiruppur District. 4. The Superintendent of Police, Tiruppur, Tiruppur district. 5. The Superintendent of Prison, Central Prison - Coimbatore, Coimbatore District. 6. State rep. by its The Inspector of Police, Civil Supply - CID, Tiruppur Unit, Tiruppur District. ...Respondents Prayer : Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the entire records, relating to the petitioner's husband detention under EC Act, 1980 (Central Act 7 of 1980) vide detention order dated 05.06.2026 on the file of the 3rd respondent made in proceedings Cr.M.P.No.14/Black Marketer/2026, quash the same as illegal and consequently direct the respondents herein to produce the petitioner's husband namely THIRUGNANAMOORTHI, S/o.Viswanathan, aged 46 years before this Court and set the petitioner's husband at liberty from detention, now the petitioners husband detained at Central Prison, Coimbatore. Page3 of 7 For Petitioner: Mr.M.Mohamed Saifulla for Mr.W.Camyles Gandhi For Respondents: Mr.K.Ramanamoorthy Senior Panel Counsel for R1 Mr.A.Amarnath, Counsel for Government of Tamil Nadu (Criminal Side) for R2 to R6