Kamalbasha v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.08.2015

CORAM

THE HONOURABLE DR.JUSTICE S.TAMILVANAN AND THE HONOURABLE MR.JUSTICE C.T.SELVAM H.C.P. No.1280 of 2015 Kamalbasha ... Petitioner -Vs1. State of Tamil Nadu, Represented by its Secretary, Prohibition & Excise Department, Fort St. George, Chennai-600 009.

2. The Commissioner of Police, Office of the Commissioner of Police, Egmore, Chennai-600 008.

3. The Inspector of Police, S-1, St. Thomas Mount Police Station, Chennai.

... Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Habeas Corpus calling for the records relating to the detention order passed by the second respondent in detention order No.BCDFGISSSV No.332/2015 dated 21.04.2015 and quash the same and direct the respondents to produce the body of the petitioner's son, Syed Saleem, son of Kamal Basha, male aged about 24 years, now confined in Central Prison, Puzhal, Chennai, before this Court and and set him at liberty. For Petitioner :

Mr.R.Thamaraiselvan For Respondents :

Mr.M.Maharaja Additional Public Prosecutor

O R D E R

(Order of the Court was made by S.TAMILVANAN,J.) The petitioner, who is the father of the detenu Syed Saleem, Son of Kamal Basha, has come forward with this petition challenging the detention order in No.332/BDCFGISSSV/2015 dated 21.04.2015 passed by the second respondent against his son branding him as a "Goonda" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982].

2.The learned Additional Public Prosecutor would submit that the order of detention passed by the second respondent as against the son of the petitioner dated 21.04.2015 has been revoked by the Government in G.O. [Rt] No.3698, Home, Prohibition & Excise [X] Department dated 08.06.2015 and he has also produced a copy of the said order.

3. Recording the submission of the learned Additional Public Prosecutor, this petition is closed as the same has become infructuous.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar kal To

1. The Secretary, State of Tamil Nadu, Prohibition & Excise Department, Fort St. George, Chennai-600 009.

2. The Commissioner of Police, Office of the Commissioner of Police, Egmore, Chennai-600 008.

3. The Inspector of Police, S-1, St. Thomas Mount Police Station, Chennai.

4. The Public Prosecutor, High Court of Madras, Chennai 600 104.

5. The Superintendent of Central Prison, Puzhal, Chennai.

H.C.P. No.1280 of 2015 SV(CO) CA(02/09/2015)