Swarna v. The Additional Chief Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Swarna ... Petitioner/wife of the detenue Vs.

1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Dept., Secretariat, Chennai-600 009.

2.The Commissioner of Police, Greater Chennai.

3.The Superintendent of Prison, Central Prison, Puzhal, Chennai-66.

4.The Inspector of Police, Law and Order, D-1, Triplicane Police Station, Chennai.

... Respondents

Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, to call for the records made in Memo No.76/BCDFGISSSV/2023 dated 02.02.2024 on the file of the second respondent herein and quash the same as illegal and direct the respondents to produce the detenue, Arisikadai Ramesh @ Ramesh, S/o.Venkateswaralu, aged about 39 years now confined at Central Prison, Puzhal, before this Court and set him at liberty. For Petitioner :

Mr.S.Senthilvel For Respondents :

Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

M.S.RAMESH , J.

and SUNDER MOHAN, J.

The petitioner is the wife of the detenu viz., Arisikadai Ramesh @ Ramesh, S/o.Venkateswaralu, aged about 39 years, now confined at Central Prison, Puzhal, has come forward with this petition challenging the detention order passed by the second respondent dated 02.02.2024, branding him as "Drug Offender" 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that the order of detention passed by the second respondent as against the petitioner's husband, dated 02.02.2024 has been revoked by the Government in G.O.Rt.No.1616, Home, Prohibition and Excise (XIII) Department, dated 18.03.2024 and he has also produced a copy of the said order. 3.Recording the submission of the learned Additional Public Prosecutor, this petition is dismissed as the same has become infructuous. [M.S.R., J] [S.M., J] 20.06.2024 Anu Internet : Yes Index : Yes / No

M.S.RAMESH , J.

and SUNDER MOHAN, J.

Anu To 1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Dept., Secretariat, Chennai-600 009.

2.The Commissioner of Police, Greater Chennai.

3.The Superintendent of Police, Central Prison, Puzhal, Chennai-66.

4.The Inspector of Police, Law and Order, D-1, Triplicane Police Station, Chennai.

5.The Public Prosecutor, High Court, Madras.

20.06.2024