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Madras High CourtHCP/677/2020dismissed as infructuous

Shabiya Bee v. The State Of Tamil Nadu

2020-09-14Honourable Mr Justice N. Kirubakaran,Honourable Mr Justice P. Velmurugan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :14.09.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MS.JUSTICE P.VELMURUGAN H.C.P.No.677 of 2020 Shabiya Bee ... Petitioner/Wife of the Detenue Vs 1.State of Tamilnadu rep by Secretary to Government Department of Home, Prohibition and Excise Secretariat Chennai - 600 009.

2.The District Collector and District Magistrate of Tiruvannamalai District, Tiruvannamalai.

3.The Superintendent of Police Tiruvannamalai District, Tiruvannamalai.

4.The Superintendent of Prison Central Prison, Vellore-2.

5.The Inspector of Police Vandavasi South Tiruvannamalai 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 records in connection with the order of detention passed by the 2nd respondent dated 20.02.2020 in D.O.No.08/2020-C2 against the petitioner's husband, Mohammed Ismail, S/o Mohammed Ali, aged about 55 years, who is confined at Central Prison, Vellore and set aside the same and direct the respondents to produce the detenu before the Hon'ble Court and set him at liberty.

For Petitioner : Mr.S.Sathish Rajan 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 challenges the impugned order of detention in D.O.No.08/2020-C2 dated 20.02.2020 detaining her husband as "Drug Offender", as contemplated under Section 2(e) of the Tamil Nadu Act 14 of 1982.

3.The learned Additional Public Prosecutor reports that the order of detention passed against the detenu has been revoked by the Government by its order in G.O. Rt. No.1878, Home, Prohibition & Excise (XI) Department, dated 23.04.2020 and he has also produced a copy of the Government Order. Recording the same, this Habeas Corpus Petition is dismissed as infructuous. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The Secretary to Government Department of Home, Prohibition and Excise Secretariat Chennai - 600 009.

2.The Joint Secretary to Government Public (law and order) Fort. St. George Chennai 9.

3.The District Collector and District Magistrate of Tiruvannamalai District, Tiruvannamalai.

4.The Superintendent of Police Tiruvannamalai District, Tiruvannamalai.

5.The Superintendent of Prison Central Prison, Vellore-2.

6.The Inspector of Police Vandavasi South Tiruvannamalai District.

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

H.C.P.No.677 of 2020 VSNII(CO) SP(04/11/2020)