Jothi v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.10.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN H.C.P.No.639 of 2020 Jothi

...Petitioner/Mother of

the Detenue Vs

1. The Secretary to Government, Government of Tamil Nadu (Home), Prohibition and Excise Dept., Fort St.George, Chennai - 600 009.

2. District Collector and District Magistrate of Vellore District, Vellore - 9.

3. The Superintendent of Police, Central Prison, Salem.

4. The Superintendent of Police, Vellore District, Vellore.

5. The Inspector of Police, Narcotic Substances Investigation Bureau, C.I.D., Vellore, Vellore 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 relating to the impugned order in C3/D.O.No.05/2020 dated 21.01.2020 on the file of the 2nd respondent herein and set aside the same as illegal and direct the respondent to produce the detenu namely Thamu @ Thamodharan, S/o.Mohan, Hindu aged about 25 years, now confined at Central Prison, Salem before this Court and set him at liberty. For Petitioner : Mr.G.Vinodhkumar For Respondents: Mr.R.Prathap Kumar, Additional Public Prosecutor.

https://hcservices.ecourts.gov.in/hcservices/

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 order of detention in C3/D.O.No.05/2020 dated 21.01.2020 detaining her son 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3.The learned Additional Public Prosecutor reports that the order of detention passed against the detenu has been revoked by the Government by its order in G.O. Rt.No.1429, Home, Prohibition ane Excise (IX) Department, dated 16.03.2020 and he has also produced a copy of the Government Order. Recording the same, this Habeas Corpus Petition is dismissed as infructuous. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2. District Collector and District Magistrate of Vellore District, Vellore - 9.

3. The Superintendent of Police, Central Prison, Salem.

4. The Superintendent of Police, Vellore District, Vellore.

5. The Inspector of Police, Narcotic Substances Investrigation Bureau, C.I.D., Vellore, Vellore District.

H.C.P.No.639 of 2020 BR(CO) RV(27/11/2020) https://hcservices.ecourts.gov.in/hcservices/