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Madras High CourtHCP/2973/2014dismissed

Janbhai v. State Of Tamil Nadu

2015-03-30Honourable Ms. Justice K.B.K. Vasuki,Honourable Mr Justice M. Jaichandren2 pages

In the High Court of Judicature at Madras Dated: 30.03.2015 Coram:

THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MS.JUSTICE K.B.K.VASUKI H.C.P.No.2973 of 2014 Janbhai .. Petitioner/Father of the detenue vs.

1.The State of Tamilnadu, rep. By the Secretary, Home, Prohibition and Excise Department, Fort St.George, Chennai 600 009.

2.The Commissioner of Police, The Commissioner of Police, Egmore, Chennai-600 008 ..

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 son, Basha, Son of Janbhai, male, aged 26 years has been detained under Act 14/82 as a "Goonda" vide detention order dated 19.09.2014 on the file of the 2nd respondent herein made in Memo No.1309/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 Central Prison, Puzhal, Chennai. For Petitioner .. Mr.M.Baskar For Respondents .. Mr.C.Emalias,Addl.P.P.

O R D E R

The petitioner, who is the father of the detenu,Basha, Son of Janbhai, aged about 26 years, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 19.09.2014 against his son branding him as a "Goonda" 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].

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2.The learned Additional Public Prosecutor would submit that the order of detention passed by the 2nd respondent as against the son of the petitioner dated 19.09.2014 has been revoked by the Government in G.O. [Rt] No.6075, dated 19.11.2014 and he has also produced a copy of the said order.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 True Copy Sub Assistant Registrar To 1.The Secretary, Home, Prohibition and Excise Department, Fort St.George, Chennai 600 009.

2.The Commissioner of Police, The Commissioner of Police, Egmore, Chennai-600 008 3.The Superintendent, Central Prison,Puzhal, Chennai. 4.The JOint Secretary to Government Public (L&O) Fort St.George, Chennai.

5.The Public Prosecutor, Madras High Court, Madras ugi(co) krd 17/4 H.C.P.No.2973 of 2014 https://hcservices.ecourts.gov.in/hcservices/