Indhira, F/A 35 Years, v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE C.T.SELVAM and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR H.C.P. No.1150 of 2018 Indhira ... Petitioner -Vs1. The Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.

2.

The Commissioner of Police/Detaining Authority, Coimbatore City.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for the records relating to the order of detention C.NO.52/G/IS/2018 dated, 18/05/2018 passed by the 2nd respondent and to quash the same and also to direct the detenu B.Irulandi, M/A 42 years, S/O.Balusamy, Thevar who is presently detained in the Central Prison, Coimbatore to be produced before this Hon`ble court and set at liberty.

For Petitioner :

Mr.S.Mohamed Ansar For Respondents:

Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

[Order of the Court made by C.T.SELVAM, J.] Petitioner, who is the wife of the detenu, viz., B.Irulandi, Son of Balusamy Thevar, aged 42 years, challenges the impugned order of detention, dated 18.05.2018 in C.No.52/G/IS/2018 detaining her husband as "DRUG OFFENDER", as contemplated under Section 2(e) of 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 14/1982).

2. The detenu has come to adverse notice in the following case:-

S.No.

Police Station & Crime No.

Section of Law 1.

Madurai NIB CID Crime No.60/2017 8(c) r/w 20 (b) (ii) (C) and 25 NDPS Act, 1985 The ground case has been registered against the detenu in Cr.No.275/2018 on the file of B-2 R.S.Puram Police Station, Coimbatore City, for offences u/s 8(c) r/w 20(b) (ii) (C), 25, 27-A and 29 NDPS Act 1985. The detention order has been passed by second respondent in C.No.52/G/IS/2018.

3. We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have perused the counter affidavit as also the records produced by the Detaining Authority.

4. Though several grounds have been raised in the Habeas Corpus Petition, the learned counsel appearing for the petitioner, confines his argument only in respect of nonapplication of mind on the part of the detaining authority in passing the order of detention.

5. A perusal of the Grounds of Detention would reveal that a ground case came to be registered against the detenu in Cr.No.275/2018 for the offences u/s. 8(c) r/w 20(b) (ii) (C), 25, 27-A and 29 NDPS Act 1985. Admittedly, the bail application filed by the detenu in the ground case before the learned Additional Sessions Judge/Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore, in CMP.270/2018 and the same was dismissed on 26.04.2018. Again, another bail application has been filed on his behalf before this Court in Crl.O.P.No.13492/2018 and the same is pending. Therefore, the probability of release of the detenu imminently does not arise. Hence, we are inclined to set aside the detention order.

Though the detaining authority has made reliance on similar case, in which an accused was granted bail, the facts involved in those cases are different. The principle of similarity cannot be applied mechanically. Normally, bails are granted based on the facts and circumstances of each case. Therefore, similar case plea, cannot be taken into consideration. Hence, there is no material to substantiate that there is real possibility of the detenue coming out on bail and the said order was passed without application of mind.

6. In the result, the Habeas Corpus Petition is allowed and the order of detention passed by the 2nd respondent is set aside. The detenu is directed to be released forthwith unless his detention is required in connection with any other case. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kmi To:

1. The Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.

2.

The Commissioner of Police/Detaining Authority, Coimbatore City.

3. The Superintendent, Central Prison, Coimbatore.

4.

The Joint Secretary, Public (Law and order) Department, Secretariat, Chennai - 600 009.

5.

The Public Prosecutor, High Court, Madras.

sm:20.11.2018 H.C.P.No.1150 of 2018