Balamurugan v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.08.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice M. NIRMAL KUMAR H.C.P. No. 985 of 2019 Balamurugan ... Petitioner -vs1.State of Tamil Nadu Rep by its Secretary, Prohibition and Excise Department, Fort St.George, Chennai - 600 009 2.The District Collector and District Magistrate Cuddalore Cuddalore District.

3.The Inspector of Police, Karuveppilankurichi Police Station, Cuddlaore District.

... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus calling for the records of the detention order C3/D.O/35/2019 dated 08.05.2019 on the file of the second respondent herein, and quash the same and direct the respondents herein to produce the body of the detenu petitioner's son Balaji S/o. Balamurugan, Hindu, aged about 19 years, who is confined in Central Prison, Cuddalore before this Court and set him at liberty. Central Prison, Coimbatore. For Petitioner : Mr.R.Thamarai Selvan For Respondents : Mr.C.Iyyappa Raj Addl. Public Prosecutor

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner is the father of the detenu - Balaji S/o. Balamurugan, Hindu, aged about 19 years. The detenu has been detained by the second respondent by his order in C3/D.O/35/2019 dated 08.05.2019, holding him to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition. 2.We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have perused the materials available on record.

3.Among other grounds, the detention order is mainly attacked on the ground that there is a delay in passing the order of detention. The learned counsel appearing for the petitioner strongly contended that though the detenu was arrested on 25.03.2019, the detention order was passed only on 08.05.2019 i.e., after a considerable delay of more than one month. Therefore, the detention order has to be set aside. 4.As seen from the grounds of detention, it is clear that though the detenu was arrested on 25.03.2019, the order of detention came to be passed only on 08.05.2019 and hence, there is an abnormal delay in passing the order of Detention, which caused prejudice to the interest of the detenu. 5.We have gone through the entire materials placed on record. There is no satisfactory explanation offered by the Detaining Authority for the delay in passing the order of detention. Hence the impugned order of detention is liable to be set aside.

6. In the result, the Habeas Corpus Petition is allowed and the order of detention in C3/D.O/35/2019 dated 08.05.2019, passed by the second respondent is set aside. The detenu, namely, Balaji S/o. Balamurugan, Hindu, aged about 19 years, is directed to be released forthwith unless his detention is required in connection with any other case.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar

mmi/ssm To 1.The Secretary, Prohibition and Excise Department, Fort St.George, Chennai - 600 009 2.The District Collector and District Magistrate Cuddalore Cuddalore District.

3.The Inspector of Police, Karuveppilankurichi Police Station, Cuddlaore District.

4.The Superintendent of Central Prison, Cuddalore.

5. The Joint Secretary to Government, Public (Law & Order),Fort St.George,Chennai-9. 6.The Public Prosecutor, High Court, Madras.

H.C.P. No. 985 of 2019 kk(co) nr 09/10/2019