B.Indra v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2023 Coram THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH H.C.P.No.1161 of 2022 B.Indra M/o.Nithyadharan .. Petitioner Vs.

1.The State of Tamil Nadu, Rep. By the Secretary to Government, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

2.The Commissioner of Police, Greater Avadi City, Chennai - 600 054.

3.The Inspector of Police, T-10, Thirumullaivoyal Police Station, Chennai - 600 069.

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

.. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus calling for the records pertaining to the 1/4

Memo No.43/BCDFGISSSV/2022 dated 27.05.2022 on the file of the 2nd respondent herein and set aside the same and direct the respondents herein to produce the petitioner's son Nithyadharan, S/o.Balaiah, aged 28 years, now confined in the Central Prison, Puzhal, Chennai before the Court and set him at liberty.

For Petitioner :

Mr.Charles Kamalesh For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor *****

ORDER

[Made by Made by P.N.PRAKASH, J.] The petitioner is the mother of the detenu viz., Nithyadharan S/o.Balaiah, aged 28 years. The detenu has been detained by the second respondent by his order in No.43/BCDFGISSSV/2022 dated 27.05.2022, holding him to be a "Drug Offender", as contemplated under Section 2(e) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

2. Learned Additional Public Prosecutor would submit that the detention order passed against the detenu in No.43/BCDFGISSSV/2022 dated 27.05.2022, on the file of the second respondent is revoked vide G.O.Rt.No.4282, Home, Prohibition and Excise (XIII) Department, dated 11.07.2022 and produced a copy 2/4

of the said order.

In view of the above, this petition is closed as it has become infructuous. [P.N.P., J] [N.A.V., J] 02.01.2023 Index: Yes/No gm/ssr To 1.The State of Tamil Nadu, Rep. By the Secretary to Government, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

2.The Commissioner of Police, Greater Avadi City, Chennai - 600 054.

3.The Inspector of Police, T-10, Thirumullaivoyal Police Station, Chennai - 600 069.

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

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P.N.PRAKASH, J and N.ANAND VENKATESH, J ssr 5.The Joint Secretary to Government of Tamil Nadu, Public, Law and Order Department, Secretariat, Chennai - 9.

6.The Public Prosecutor, High Court, Madras.

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