Mrs.Victoriya, Aged 34 Years v. The Govt. Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2018

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR H.C.P.No.1766 of 2018 Victoriaya W/o.Mr.Amjathkumar .. Petitioner Vs.

1.The Government of Tamil Nadu, rep. by its Secretary, Home and Prohibition and Excise Department, Secretariat, Chennai-600 009.

2.The Commissioner of Police, Greater Chennai Vepery .. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, calling for the records relating to the proceedings of the second respondent in 482/BCDFGISSSV/2018 dated 06/07/2018 against petitioner's husband Mr.Amjathkumar S/o. Ashok Kumar aged about 36 years and quash the same and consequently direct the respondents herein to produce the detenue who is detained at Central Prison, Puzhal before this Hon'ble Court and set him at liberty.

For Petitioner :

Mr.P.Saranath For Respondents:

Mr.M.Mohamed Riyaz Additional Public Prosecutor.

O R D E R

[Order of the Court was made by C.T.SELVAM, J.] Challenge is made to the order of detention passed by the second respondent vide Proceedings in No. 482/BCDFGISSSV/2018 dated 06.07.2018, whereby the detenu, by name, Amjath Kumar, son of Ashok Kumar, aged about 36 years, was ordered to be detained under the provisions of 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) branding him as a "BOOTLEGGER".

2. The detenu has come to adverse notice in the following cases:- S.No Cr.No. & Police Station Offences 1.

Cr.No.268/2018 Central Crime Branch 12(1)(b),12(2)Passport Act,1967 r/w 420, 468, 471 I.P.C The ground case has been registered against the detenu in Cr.No.269/2018 on the file of Central Crime Branch for offences u/s 12(1)(b), 12(2) of Passport Act, 1967 r/w 420, 468 and 471 I.P.C. The detention order has been passed by second respondent in No.482/BCDFGISSSV/2018 dated 06.07.2018.

3. We have heard learned counsel for petitioner and the learned Additional Public Prosecutor appearing for respondents. We have also perused the records produced by the Detaining Authority.

4. Though several grounds have been raised in the Habeas Corpus Petition, the learned counsel appearing for the petitioner, confines his argument only in respect of nonapplication of mind on the part of the detaining authority in passing the order of detention.

5. The Grounds of Detention would reveal that one adverse case has been registered against the detenu and a ground case was registered against him in Crime No.269/2018 for the offences u/s 12(1)(b), 12(2) of Passport Act, 1967 r/w 420, 468 and 471 I.P.C. Admittedly, the detenu has moved bail application in the ground case and the same is pending before the Special Metropolitan Magistrate Court for CCB and CBCID (Metro) Cases, Periyamedu in C.M.P.No.3088/2018. Therefore, the probability of release of the petitioner imminently does not arise. Hence, we are inclined to set aside the detention order. Though the detaining authority has made reliance on similar case, in which an accused was granted bail, the facts involved in those cases are different. The principle of similarity cannot be applied mechanically.

Normally, bails are granted based on the facts and circumstances of each case. Therefore, similar case plea, cannot be taken into consideration. Hence, there is no material to substantiate that there is real possibility of the detenu coming out on bail and the said order was passed without application of mind.

6. In the result, the Habeas Corpus Petition is allowed and the order of detention in No.482/BCDFGISSSV/2018dated 06.07.2018, passed by the second respondent is set aside. The

detenu, namely, Amjath Kumar, son of Ashok Kumar, aged about 36 years, is directed to be released forthwith unless his detention is required in connection with any other case. Sd/- Assistant Registrar(CS-Iv) //True Copy// Sub Assistant Registrar srn/kmi To 1.The Secretary, The Government of Tamil Nadu, Home and Prohibition and Excise Department, Secretariat, Chennai-600 009.

2.The Commissioner of Police, Greater Chennai Vepery

3. The Superintendent, Central Prison, Puzhal, Chennai.

4. The Joint Secretary to Government, Public (Law & order), Fort St. George, Chennai-9.

5. The Public Prosecutor, High Court, Madras. H.C.P.No.1766 of 2018 SV(CO) EU(05/12/2018)