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Madras High CourtHCP/1168/2022closed

Divya v. State Rep By

2023-01-02Honourable Mr Justice P. N. Prakash,Honourable Mr Justice N. Anand Venkatesh4 pages

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.1168 of 2022 Divya W/o.Vishvanathan .. Petitioner Vs.

State represented by:- 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 9.

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

3.The Superintendent of Police, Chengalpattu District.

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

5.The Inspector of Police, Prohibition Enforcement wing, Mamallapuram, Chengalpattu District.

.. Respondents 1/4

Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus calling for the records in CPT No.25/2022 dated 05.05.2022 on the file of the second respondent herein and quash the same as illegal and direct the respondents to produce the detenu Vishvanathan @ Vishva S/o.Arumugam, aged about 30 years, now confined at Central Prison, Puzhal, Chennai, before this Court and set him at liberty.

For Petitioner :

Mr.M.Premkumar For Respondents :

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

ORDER

[Made by P.N.PRAKASH, J] The petitioner is the wife of the detenu viz., Vishvanathan @ Vishva S/o.Arumugam, aged about 30 years. The detenu has been detained by the second respondent by his order in CPT No.25/2022 dated 05.05.2022, holding him to be a "Bootlegger", as contemplated under Section 2(b) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

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2. Learned Additional Public Prosecutor would submit that the detention order passed against the detenu in CPT No.25/2022 dated 05.05.2022, on the file of the second respondent is revoked vide G.O.Rt.No.4259, Home, Prohibition and Excise (XI) Department, dated 11.07.2022 and produced a copy 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 Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 9.

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

3.The Superintendent of Police, Chengalpattu District.

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P.N.PRAKASH, J and N.ANAND VENKATESH, J ssr 4.The Superintendent of Prison, Central Prison, Puzhal, Chennai.

5.The Inspector of Police, Prohibition Enforcement wing, Mamallapuram, Chengalpattu District.

6.The Joint Secretary to Government of Tamil Nadu, Public, Law and Order Department, Secretariat, Chennai - 9.

7.The Public Prosecutor, High Court, Madras.

H.C.P.No.1168 of 2022 02.01.2023 4/4