Shyamala v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.07.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice M.NIRMAL KUMAR H.C.P.No.844 of 2019 Shyamala .. Petitioner/Wife of the Detenue Vs 1.State of Tamil Nadu rep. by The Secretary, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.

2.The Commissioner of Police, The Greater Chennai City, Vepery, Chennai - 7.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for a writ of habeas corpus, to call for the records relating to the detention order in Memo No.182/BCDFGISSSV/2019 dated 11.04.2019 passed by the second respondent under the Tamil Nadu Act 14 of 1982 and set aside the same and direct the respondents to produce the petitioner's husband Raj @ Pappan Raj, S/o.Janakiraman, aged about 35 years the detenu, now confined in Central Prison, Puzhal, Chennai, before this Court and set the petitioner's husband Raj @ Pappan Raj, S/o.Janakiraman, aged about 35 years the detenu herein at liberty.

For Petitioner : Mr.S.Prem Kumar For Respondents :

Mr.R.Prathap Kumar Addl.

Public Prosecutor

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner, who is the wife of the detenu Raj @ Pappan Raj, S/o.Janakiraman, aged about 35 years, has come up with this habeas corpus petition, challenging the detention order passed by the second respondent, vide Memo No.182/BCDFGISSSV/2019 dated 11.04.2019, 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].

2. We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents and we have also perused the records carefully.

3.Though learned counsel for the petitioner has raised several other grounds to assail the order of detention, he has mainly focused his argument on the ground that the detaining authority, while detaining the detenu, has not furnished the legible copy of the bail order in respect of similar case relied on by him and this deprived the detenu from making effective representation. Therefore, on this sole ground, the detention order is liable to be quashed.

4.Learned counsel appearing for the petitioner submitted that the detaining authority has relied on the similar case in M1 Madhavaram Milk Colony Police Station Cr.No.17 of 2019 in which bail was granted by the Principal District and Sessions Court, Tiruvallur in Crl.M.P.No.817 of 2019 and the bail order relating to the said similar case found in Page No.117 of the booklet furnished to the detenu is illegible and could not be read at all. This illegible copy would deprive the detenu of making effective representation to the authorities against the order of detention. Thus, the detention order is vitiated on this ground and the same is liable to be quashed. 5.We have gone through the same. A perusal of the booklet supplied to the detenu would show that the bail order relating to the similar case found in Page No.117 of the booklet is illegible and could not be read at all. This has resulted in the detenu being deprived of making an effective representation. Therefore, the detention order is vitiated and liable to be quashed on this ground alone.

6. In the result, the Habeas Corpus Petition is allowed and the order of detention in Memo No.182/BCDFGISSSV/2019 dated 11.04.2019 passed by the second respondent is set aside. The detenu, namely, Raj @ Pappan Raj, S/o.Janakiraman, aged about 35 years is directed to be released forthwith unless his detention is required in connection with any other case. -s/d- Assistant Registrar(CS-I) True Copy Sub-Assistant Registrar mmi/ssm To 1.The Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.

2.The Commissioner of Police, The Greater Chennai City, Vepery, Chennai - 7.

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

4.The Joint Secretary to Government Public (Law and order) Fort. ST. George Chennai 9.

5.The Public Prosecutor, High Court, Madras.

H.C.P.No. 844 of 2019 NRJK(CO) SP(13/08/2019)