Sathya, Female/Aged 27 Years v. State Of Tamil Nadu Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 29.10.2018

CORAM

THE HONOURABLE Mr.JUSTICE C.T.SELVAM and THE HONOURABLE Mr.JUSTICE M.NIRMAL KUMAR H.C.P.No.1395 of 2018 Sathya ... Petitioner

Versus

1. State of Tamilnadu, Rep. by its Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

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

.. Respondents Prayer: Habeas Corpus Petition filed under Article 226 of Constitution of India, to issue a Writ of Habeas Corpus calling for the entire records, relating to petitioner's sister detention under Tamil Nadu Act 14 of 1982 vide detention order, dated 27.06.2018 on the file of the second respondent herein made in proceedings C.M.P.No.15/Bootlegger/2018/M1 and quash the same as illegal and consequently direct the respondents herein to produce the said petitioner's sister namely Selvi., D/o.Marappan, aged 32 years before this Hon'ble Court and set the petitioner's sister at liberty from detention, now petitioner's sister detained at Special Prison for Women, Coimbatore.

For Petitioner : Mr.C.C.Chellappan For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

[Order of the Court made by C.T.SELVAM, J.] Petitioner, who is the sister of the detenu, viz.,

Ms.Selvi, D/o.(Late) Marappan, aged 32 years, challenges the impugned order of detention, dated 27.06.2018 in C.M.P. No.15/Bootlegger/2018/M1, detaining her sister as "Bootlegger", as contemplated under Section 2(f) 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.

Rasipuram Police Station Crime No.225/2018 4(1) (a) r/w 4(1-A) TNP Ac 1937 2.

Namakkal PEW Crime No.376/2018 4(1) (a), 4(1) (i) r/w 4 (1-A) TNP Act, 1937.

The ground case has been registered against the detenu in Cr.No.662/2018 on the file of Inspector of Police, Prohibition Enforce Wing, Namakkal, for offences u/s 4(1) (a) r/w 4 (1-A), Tamilnadu Prohibition Act. The detention order has been passed by second respondent in C.M.P. No.15/Bootlegger/2018/M1

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.662/2018 for the offences u/s. 4(1) (a) r/w 4 (1-A), Tamilnadu Prohibition Act. Admittedly, the bail application filed by the detenu in the ground case before the learned Principal District Sessions Judge, Namakkal, in CMP.No.732/2018 and the same was dismissed on 18.06.2018. 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 vsi2 To:

1.The Secretary to Government, Home, Prohibition & Excise (XVI) Department, Secretariat, Chennai - 600 009.

2.The District Magistrate - cum- District Collector, Namakkal District Collector Office,

3. The Superintendent, Special Prison for Women,Coimbatore.

4.

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

5.

The Public Prosecutor, High Court, Madras.

H.C.P.No.1395 of 2018 CNK(CO) GMY(07/12/2018)