JABALPUR, India, Dec. 26 -- Madhya Pradesh High Court issued the following judgment/order on Nov. 26:

Pursuant to our order passed in the morning, respondent no.3 had appeared before the Registrar (Judicial-II) who has noted his presence.

Respondent no.3, is also present in the Court.

Petitioner on behalf of respondent no.3 had impugned the validity of order of detention passed by the Collector for detention of said respondent no.3, detenue under Section 3 of the Prevention of Black Marketing & Maintenance of Supplies of Essential Commodities Act, 1980, though the original order did not mention any period amounted to a detention order for an indefinite period. Reference may be had to Section 13 of the Prevention of Black Marketing & Maintenance of Supplies of Essential Commodities Act, 1980 which reads as under:

"13. Maximum period of detention.-The maximum period for which any person may be detained in pursuance of any detention order which has been confirmed under section 12, shall be six months from the date of detention: Provided that nothing contained in this section shall affect the power of the appropriate Government to revoke or modify the detention order at any earlier time."

Section 13 mandates that the maximum period for detention pursuant to any detention order shall be six months from the date of detention. In the subject case, the detenus has already suffered the maximum period of detention of six months. Subsequently, by order dated 29.10.2021, the detenue have been granted interim bail. The maximum period of detention under Section 13 would be six months, the said period has expired. Since the period has expired, the detention orders have lost its force. We are informed that there are no further orders passed for fresh detention under Section 3 against the respondent no.3. Since the order of detention which was passed on 13.07.2021 have elapsed by efflux of time, the petitions have become infructuous and detenus have already been enlarged on bail. The bail bond stand discharged.

In the above terms, the petitions are disposed of.

Disclaimer: Curated by HT Syndication.