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Judgment
P. Sathasivam, J.—The petitioner herein challenges the impugned order of detention dated 07.01.2006, detaining his brother by name Senthil @ Senthil Rajan as Blackmarketer as contemplated under the Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980 ( No. 7 of 1980).
Heard learned counsel for the petitioner as well as learned Government Advocate for the respondents.
At the foremost, learned counsel for the petitioner submitted that within a period of one week from the date of detention, i.e., on 14.01.2006, wife of the detenu made a representation to the Detaining Authority, the third respondent herein, however, the same has not been considered/disposed of one way or other.
It is not in dispute that the said representation has not been considered and that no order has been passed thereon till this date. In the light of the above admitted factual position, we hold that failure to consider the first representation dated 14.01.2006 vitiates the ultimate order passed by the Detaining Authority.
Consequently, the Habeas Corpus Petition is allowed and the impugned order of detention is quashed and the detenu is directed to be set at liberty forthwith from custody unless he is required in connection with any other case or cause.