Sathish Kumar @ Thoplan v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE S.NAGAMUTHU H.C.P.No.2163/2015 Sathish Kumar @ Thoplan .. Petitioner Vs 1.The State of Tamil Nadu, Rep.by its Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai-600 009 2.The Commissioner of Police, Commissioner Office-Greater Chennai, Vepery, Chennai-600 007.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to call for the records on the file of the 2nd respondent in Memo No.608/BCDFGISSSV/2015 dated 27.7.2015 and quash the same as illegal and set the detenu Sathish Kumar @ Thoplan S/o.Mohan at liberty, who is now confined at Central Prison, Puzhal, Chennai, to produce before this Court.

For Petitioner :

Mr.N.Iyyakannu For Respondents:

Mr.A.N.Thambidurai, Additional Public Prosecutor

ORDER

[Order of the Court was made by M.JAICHANDREN,J] This Habeas Corpus Petition has been filed, by the detenu, namely, Sathish Kumar @ Thoplan, son of Mohan, aged about 32 years, praying that this Court may be pleased to issue a Writ of Habeas Corpus, to call for the records, in Memo No.608/BCDFGISSSV/2015, dated 27.7.2015, passed by the 2nd

Respondent, detaining him under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14/1982), branding him as a "Sand Offender", in the Central Prison, Puzhal, Chennai-66, and to quash the same and to direct the Respondents to set him at liberty, forthwith.

2. We have heard the learned counsel appearing on behalf of the petitioner and the learned Additional Public Prosecutor appearing on behalf of the State and we have also perused the records, carefully.

3. Though, a number of grounds had been raised by the petitioner, while challenging the impugned order of detention, dated 27.07.2015, the learned counsel, appearing on behalf of the petitioner, had submitted that, the detaining authority had stated in the grounds of detention that the detenu had made a confession to the investigating officer with regard to his name and address and with regard to the act of theft of money, which he is said to have committed. He had further submitted that, though, the detaining authority has relied on the said confession statement to pass the detention order, the said confession statement had not been furnished to the detenu, hence, the detenu had been prevented from making an effective representation against the impugned order of detention.

4. The said submission made by the learned counsel appearing on behalf of the petitioner, had not been refuted by the learned Additional Public Prosecutor.

5. It is noted from the grounds of detention that the detenu had made a confession with regard to his name and address and with regard to the act of theft of money, which he is said to have committed. It is further noted that, though, the detaining authority has relied on the said confession statement to pass the detention order, the said confession statement had not been furnished to the detenu. The non-furnishing of the confession statement, would prejudice the detenu, in making an effective representation. In such circumstances, we find that there is non-application of mind on the part of the detaining authority, in passing the detention order. Therefore, we are inclined to set aside the impugned detention order.

6.Accordingly, the Habeas Corpus Petition is allowed and the impugned detention order, dated 27.07.2015, passed by the second respondent is set aside. The detenu is directed to be released forthwith, unless his presence is required in connection with any other case.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To 1.The Secretary to Government The State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St.George, Chennai-600 009 2.The Commissioner of Police, Commissioner Office-Greater Chennai, Vepery, Chennai-600 007.

3.The Additional Public Prosecutor, High Court, Madras.

4.The Superintendent, Central Prison, Puzhal, Chennai.

5.The Joint Secretary to Government, Public(Law & Order), Fort Saint George, Chennai - 9.

H.C.P.No.2163/2015 ak[co] srg 21/04/2016