Nagavalli v. The Additional Chief Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.08.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Nagavalli .. Petitioner/ wife of the detenu

Versus

1. The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2. The Commissioner of Police, Greater Chennai, Office of the Commissioner of Police (Goondas Section), Vepery, Chennai - 600 007.

3. The Superintendent of Prison, Central Prison - II, Puzhal, Chennai - 600 066.

4. The Inspector of Police, G-3, Periamet Police Station, Chennai - 600 003.

.. Respondents Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, calling for the entire records connected with the detention order of the 2nd respondent in 1/5

BCDFGISSSV No.435/2024 dated 30.04.2024 and quash the same and direct the respondents to produce the body and person of detenu namely Joshwa @ Lawrance, S/o.Velu, aged 24 years, detained in Central Prison, Puzhal, Chennai, before this Court and set him at liberty forthwith. For Petitioner : Mr.R.Raj Prabhu For Respondents : Mr.A.Gokulakrishnan, Additional Public Prosecutor

ORDER

M.S.RAMESH , J.

and SUNDER MOHAN, J.

The petitioner herein is the wife of the detenu viz., Joshwa @ Lawrance, S/o.Velu, now confined at Central Prison, Puzhal, Chennai, has come forward with this petition challenging the detention order passed by the second respondent, dated 30.04.2024 slapped on her husband, branding him as "Drug Offender" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act, 14 of 1982].

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2. The learned Additional Public Prosecutor would submit that the order of detention passed by the second respondent as against the petitioner's husband, dated 30.04.2024 has been revoked by the Government in G.O.Rt.No.3999, Home, Prohibition and Excise (XIII) Department, dated 20.06.2024 and he has also produced a copy of the said order.

3. Recording the submission of the learned Additional Public Prosecutor, this petition is dismissed as the same has become infructuous. [M.S.R., J] [S.M., J] 02.08.2024 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2. The Commissioner of Police, Greater Chennai, Office of the Commissioner of Police (Goondas Section), Vepery, Chennai - 600 007.

3. The Superintendent of Prison, 3/5

Central Prison - II, Puzhal, Chennai - 600 066.

4. The Inspector of Police, G-3, Periamet Police Station, Chennai - 600 003.

5. The Public Prosecutor, High Court of Madras.

M.S.RAMESH, J.

AND SUNDER MOHAN, J.

grs 4/5

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