IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:08.03.2010

CORAM:

THE HONOURABLE MR. JUSTICE N.PAUL VASANTHAKUMAR

W.P.NO.2302 of 2010

and

M.P.NO.1 OF 2010

M.Elango

..Petitioner

vs

1.The Superintendent,

Central Prison,Coimbatore.

2. The Inspector of Police,

Civil Supplies CID, Erode,

Erode District.

3. The Inspector of Police,

Civil Supplies, CID,

Salem, Salem District.

..Respondents

Petition filed under Article 226 of the Constitution of

India praying to issue a writ of Mandamus forbearing the

respondents, their men or whomsoever acting their on behalf from

bringing petitioner's owner Ahamed Ali who detained under Black

Market Act confined in Central Jail, Coimbatore with handcuffs

and chain as and when he has to be produced before the Advisory

Board, High Court, Madras.

for Petitioner :Mr.C.Prakasam

for Respondents : Mr.R.Neelakandan

Government Advocate

ORDER

By consent, the writ petition itself is taken up for

final disposal.

2. The prayer in the writ petition is to issue a writ of

Mandamus forbearing the respondents, their men or whomsoever

acting on their behalf from bringing petitioner's owner Ahamed

Ali who is detained under the Prevention of Black Marketing and

Maintenance of Supplies of Essential Commodities Act (hereinafter

referred to as 'the Act') and confined in Central Jail,

Coimbatore with handcuffs and chain as and when he has to be

produced before the Advisory Board, High Court, Madras.

https://hcservices.ecourts.gov.in/hcservices/

3. The petitioner is working as Clerk under one Ahamed

Ali, who is running Oil Store at Bhavani. Respondents 2 and 3

registered cases against the said Ahamed Ali under the provisions

of the Essential Commodities Act and he was detained under

custody on 02.02.2010 under the Act and now he is confined in

Central Jail, Coimbatore.

4. It is alleged in the affidavit filed in support of

the writ petition that whenever the respondents took his owner to

produce before the Judicial Magistrate-III, Erode, Judicial

Magistrate-II, Namakkal and Judicial Magistrate-II, Salem and

also before the Advisory Board, High Court, Madras, they use

handcuffs along with chain in the body of the said Ahamed Ali

and other accused persons. The said action of the respondents in

handcuffing and chaining the said persons is in violation of the

decision of the Supreme Court in Citizen for Democracy through

its President Vs. State of Assam and others reported in AIR 1996

SC 2193: (1995) 3 SCC 743. Hence, the petitioner has filed the

present writ petition with the above said prayer.

5. The Superintendent of Central Prison, Coimbatore

filed a counter affidavit on 12.2.2010. Paragraphs 3 and 4 of the

counter affidavit are extracted hereunder:

3. " .....it is submitted that the person

namely Bhavani Bai @ Ahamed Ali S/o Naina

Mohamd mentioned in the affidavit by the

petitioner was remanded in Civil Supplies

Criminal Investigation Department, Erode

Cr.No.61/10 under Section 6(4) of TNSC

(RDCS) Order 1982 r/s 7(1)(a)(ii) of

Essential Commodities Act 1955 and 307 IPC

by the Judicial Magistrate No.III, Erode on

3.2.2010 and admitted in this prison as a

remand Prisoner on the same day itself.

Later he was detained under Section 3(2)(a)

read with 3(1) of the Prevention of Black

Marketing and Maintenance of Supplies of

Essential Commodities Act 1980 (Act 7 of

1980) w.e.f. 8.2.2010 as per the detention

order issued by the District Magistrate and

District Collector, Erode in C.No.1/PBMMSEC

ACT/2010 (M3) dated 7.2.2010 and now he is

confined in this prison as a black marketing

detenu.

4. Regarding the averments in paragraph

Nos.3 to 8, it is submitted that the above

said detenu has to be produced before the

Judicial Magistrate No.III, Erode on

17.2.2010 through video conferencing system

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