Kumar v. The Secretary To The Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.01.2025 CORAM :
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN Kumar S/o Umapathy ..
Petitioner v.
1. The Secretary to the Government Home, Prohibition and Excise Department Secretariat, Chennai 600 009
2. District Collector and District Magistrate of Ranipet District, Ranipet-1
3. The Superintendent of Police Ranipet District, Ranipet
4. The Superintendent of Prison Central Prison, Vellore
5. The Inspector of Police Arcot Town Police Station Ranipet District ..
Respondents Petition filed under Article 226 of the Constitution of India, praying
for issuance of a Writ of Habeas Corpus, to call for the records in connection with the order of detention passed by the second respondent dated 23.12.2024 in B3/D.O.No.88/2024 against the petitioner's brother Sureshbabu, Male, aged 49 years, S/o Umapathi, who is confined at Central Prison, Vellore and set aside the same and direct the respondents to produce the detenu before the Hon'ble Court and set him at liberty. For Petitioner ::
Mrs.D.Rajalakshmi For Respondents ::
Mr.R.Muniyapparaj Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.) The order of detention passed by the second respondent in proceedings B3/D.O.No.88/2024 dated 23.12.2024 is sought to be quashed in the present habeas corpus petition.
2. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondents.
3. Two adverse cases have been relied on for the purpose of detaining the detenu. The detenu has been arrested on 27.11.2024. The detention order was issued on 23.12.2024. Both the adverse cases registered against
the detenu in the year 2020 and 2021 have no proximity with the ground case. The ground case registered under the Tamil Nadu Prohibition Act can be dealt with by the police authorities under the ordinary law. Since the element of public disorder has not been established and the detaining authority failed to make a subjective satisfaction for the purpose of invoking Act 14 of 1982, we are inclined to interfere with the impugned detention order.
4. Accordingly, the detention order passed by the second respondent in proceedings B3/D.O.No.88/2024 dated 23.12.2024 is hereby set aside and the habeas corpus petition is allowed. The detenu viz., Sureshbabu, S/o Umapathi, aged 49 years, now confined at Central Prison, Vellore is directed to be set at liberty forthwith, unless his confinement is required in connection with any other case.
Index : yes (S.M.S.,J.) (M.J.R.,J.) 21.01.2025 ss
To
1. The Secretary to Government Home, Prohibition and Excise Department Secretariat, Chennai 600 009
2. The District Collector and District Magistrate of Ranipet District, Ranipet-1
3. The Superintendent of Police Ranipet District, Ranipet
4. The Superintendent of Prison Central Prison, Vellore
5. The Inspector of Police Arcot Town Police Station Ranipet District
6. The Public Prosecutor High Court, Madras
S.M.SUBRAMANIAM,J.
AND M.JOTHIRAMAN,J.
ss 21.01.2025