Chandra v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MS.JUSTICE V.M.VELUMANI H.C.P.NO.309 OF 2020 Chandra ... Petitioner Vs 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai 600 009.

2.The District Collector and District Magistrate, Villupuram, Villupuram District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the entire records relating to the petitioner's son detention under Tamil Nadu Act 14 of 1982 vide detention order, dated 22.01.2020 on the file of the second respondent herein made in Proceedings Memo Rc.No.C2/978/2020, quash the same as illegal and consequently direct the respondents herein to produce the petitioner's son namely Senthil, S/o.Krishnappan, aged 26 years before this Court and set the petitioner's son at liberty from detention now the petitioner's son detained at Central Prison, Cuddalore, Chennai. For Petitioner : Mr.R.Sasikumar.

For Respondents: Mr.R.Prathap Kumar, Additional Public Prosecutor.

O R D E R

(Order of the court was made by N.KIRUBAKARAN.J.,) The matter was heard through "Video Conference".

2.The Petitioner who is the mother of the detenu has challenged the detention order passed against the detenu in Proceedings Memo Rc.No.C2/978/2020 dated 22.01.2020 by the Second Respondent, branding him as 'Bootlegger' under Section 2 (b) of Tamil Nadu Act 14 of 1982.

3.Heard Mr.R.Sasikumar, learned Counsel appearing for the Petitioner and Mr. R. Prathap Kumar, learned Additional Public Prosecutor appearing for the Respondents. 4.It is seen from the records that the bail petition and similar case's bail order referred in the grounds of detention occurring in Page Numbers 46 to 50 of the booklet, supplied to the detenu are illegible and the same vitiates the detention order. Hence, this Petition has to be necessarily allowed. 5.Accordingly, the detention order passed by the Second Respondent in Proceedings Memo Rc.No.C2/978/2020 dated 22.01.2020 is quashed.

The detenu viz., Senthil, S/o.Krishnappan, aged 26 years, who is confined at Central Prison, Cuddalore is directed to be set at liberty forthwith unless his presence is required in connection with any other case.

6.On technical grounds only, the detention order has been quashed by this Court. The very purpose of detention is to prevent the detenu from repeating offences and that public safety is ensured. Since this Court has quashed the detention order, in the interest of public and in the interest of justice, this Court is justified in directing the detenu to appear before the jurisdictional Police Station, every Monday at 11.00 A.M., till 21.01.2021. The very purpose of this direction is to ensure that the detenu does not repeat the commission of offence and that the police can also have a watch over the movement of the detenu, even if he is outside the prison. Accordingly, this petition is allowed.

Sd/- Assistant Registrar(CSVI ) //True copy// Sub Assistant Registrar ay

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

2.The District Collector and District Magistrate, Villupuram, Villupuram District.

3.The Superintendent of Prison, Central Prison, Cuddalore.

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

5.The Joint Secretary Public (Law and Order) Department Secretariat Fort St.George Chennai - 600 009.

H.C.P.No.309 of 2020 PP(CO) NRA(10/12/2020)