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Madras High CourtHCP/1016/2022allowed

Sarmila v. The State Rep By

2022-12-06Honourable Mr Justice P. N. Prakash,Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06..12..2022 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice N.ANAND VENKATESH Habeas Corpus Petition No.1016 of 2022 Sarmila ..... Petitioner -Versus1.State Rep. by its Secretary to Government of Tamil Nadu, Prohibition & Excise Department, (Home), Secretariat, Fort ST. George, Chennai 600009. 2.The Commissioner of Police, Commissioner Office-Greater Chennai, Vepery, Chennai 600007.

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

4.The Inspector of Police, B-2, Esplanade Police Station, Chennai.

.... Respondents

Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus calling for the entire records relating to the detention order dated 04.05.2022 in proceedings in Memo NO.106/BCDFGISSSV/2022 passed against the husband of the petitioner, viz., Fruity @ Karthik (detenu), aged about 25 years, Son of Ganapathy, by the second respondent and to quash the same as illegal and consequently direct the respondents herein to produce the detenue, now confined in Central Prison, Puzhal,Chennai, before this court and set him at liberty. For Petitioner : Mr.P.Prince Premkumar For Respondents : Mr.R.Muniyapparaj, Additional Public Prosecutor

ORDER

[Order of the Court was made by P.N.PRAKASH.J.,] The petitioner challenges the impugned order of detention in Memo No.106/BCDFGISSSV/2022 dated 04.05.2022 detaining her husband as "Goodnda", as contemplated under Section 2(f) of the Tamil Nadu Act 14 of 1982.

The learned Additional Public Prosecutor reports that the order of detention passed against the detenu has been revoked by the Government by its order in G.O.Rt.No.3779, Home, Prohibition and Excise (X) Department,

dated 24.06.2022 and he has also produced a copy of the Government Order. Recording the same, this Habeas Corpus Petition stands closed (P.N.P., J.) (N.A.V.,J.) 06..12..2022 Index: Yes/No kmk To 1.The Secretary to Government of Tamil Nadu, Prohibition & Excise Department, (Home), Secretariat, Fort ST. George, Chennai 600009. 2.The Commissioner of Police, Commissioner Office-Greater Chennai, Vepery, Chennai 600007.

3.The Superintendent of Prison, Central Prison, Puzhal, Chennai. 4.The Inspector of Police, B-2, Esplanade Police Station, Chennai. 6.The Joint Secretary to Government of Tamil Nadu, Public, Law and Order Department, Secretariat, Chennai - 9.

7.The Public Prosecutor, High Court, Madras.

P.N.PRAKASH.J., AND N.ANAND VENKATESH.J., kmk 06..12..2022