Elumalai v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.12.2021

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mrs.JUSTICE R.HEMALATHA H.C.P.No.1162 of 2021 Elumalai ... Petitioner Vs.

1. The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600 009.

2. The District Magistrate and District Collector, Tiruvallur District, Tiruvallur.

3. The Superintendent of Police, O/o.Superintendent Office, Tiruvallur, Tiruvallur District.

4. The Superintendent of Central Prison, Central Prison - II, Puzhal, Chennai District.

5. State rep. by its The Inspector of Police, Tiruvallur Taluk Police Station, Tiruvallur District.

... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to call for the entire records, relating to the petitioner's son detention under Tamil Nadu Act 14 of 1982 vide detention order, dated 05.07.2021 on the file of the second respondent made in proceedings Memo BCDFGISSSV No.76/2021, quash the same as illegal and consequently direct the respondents herein to produce the petitioner's son namely Ambethkar @ Ambeth, S/o.Elumalai, aged 26 years before this Hon'ble High Court and set the petitioner's son at liberty from detention, now the petitioner's son detained at Central Prison - II, Puzhal, Chennai.

For petitioner :

Mr.R.Sasikumar For respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor

O R D E R

[Order of the Court was made by R.HEMALATHA, J.] The petitioner challenges the impugned order of detention in Memo BCDFGISSSV No.76/2021, dated 05.07.2021, detaining his son as "DRUG OFFENDER" under Section 3(1) of Tamil Nadu Act 14 of 1982.

2. The learned Additional Public Prosecutor submitted that the order of detention passed against the detenu has been revoked by the Government by its order in G.O.Rt.No.3481, Home, Prohibition and Excise (XI) Department, dated 06.08.2021 and he has also produced a copy of the Government Order. Recording the same, this Habeas Corpus Petition stands closed.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar mtl To

1. The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600 009.

2. The Joint Secretary to Government Public, Law and Order Department Secretariat, Chennai-9.

3. The District Magistrate and District Collector, Tiruvallur District, Tiruvallur.

4. The Superintendent of Police, O/o.Superintendent Office, Tiruvallur, Tiruvallur District.

5. The Superintendent of Central Prison, Central Prison - II, Puzhal, Chennai District.

6. The Inspector of Police, Tiruvallur Taluk Police Station, Tiruvallur District.

7. The Public Prosecutor High Court, Madras.

H.C.P.No.1162 of 2021 PMK(CO) SU(14/12/2021)