Tmt.Gowri v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.03.2015 Coram:

THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MS.JUSTICE K.B.K.VASUKI H.C.P.No.2507 of 2014 Gowri

...Petitioner

vs.

1. The Commissioner of Police, Office of the Commissioner of Police, Egmore, Chenni City, Chennai .

2. The Secretary, Government of Tamil Nadu, Home, Prohibition and Excise Department, Chief Secretariat, Fort St.George, Chennai - 600 009.

3. The Superintendent, Special Prison for Women, Puzhal,Chennai

...Respondents

Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus calling for the records leading to the detention of the petitioner's niece, Rosi, Daughter of Sekar, male, aged 28 years has been detained under Act 14/82 as a "Goonda" vide detention order dated 25.08.2014 on the file of the 2nd respondent herein made in Memo No.1063/BDFGISSV/2014 and quash the same and consequently direct the respondents herein to produce the body and person of the said detenu before this Court and thereafter set him at liberty from the Special Prison for Women, Puzhal, Chennai.

For Petitioner :

Mr.T.S. Srinivasan For Respondents :

Mr.C.Emalias,Addl.P.P.

O R D E R

The petitioner, who is the paternal aunt of the detenu, Rosi, Son of Sekar, aged about 28 years, has come forward with this petition challenging the detention Order passed by the 2nd respondent dated 25.08.2014 against the detenue branding her as a "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would submit that the order of detention passed by the 2nd respondent as against the detenue dated 25.08.2014 has been revoked by the Government in G.O. [Rt] No.5241, dated 20.10.2014 and he has also produced a copy of the said order.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 infructuous. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar vsi To

1. The Commissioner of Police, Office of the Commissioner of Police, Egmore, Chenni City, Chennai .

2. The Secretary, Government of Tamil Nadu, Home, Prohibition and Excise Department, Chief Secretariat, Fort St.George, Chennai - 600 009.

3. The Superintendent, Special Prison for Women, Puzhal,Chennai

4. The Public Prosecutor, High Court, Chennai.

H.C.P.No.2507 of 2014 CTK (CO) PSI (23.03.2015)