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Madras High CourtHCP/1088/2023dismissed as infructuous

Shakila v. State Rep By

2023-11-20Honourable Mr Justice S.S. Sundar,Honourable Mr Justice Sunder Mohan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.11.2023 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN H.C.P.No.1088 of 2023 Shakila ... Petitioner Vs.

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

2.District Collector & District Magistrate, Vellore District, Vellore - 9.

3.The Superintendent of Police, Vellore District, Vellore - 9.

4.The Superintendent of Prison, Central Prison, Vellore - 2.

5.The Inspector of Police, Gudiyatham Taluk Police Station, Vellore District.

... Respondents

Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus to call for the records in connection with the order of detention passed by the second respondent dated 15.06.2023 in C3/D.O.No.48/2023 against the petitioner's husband Saravanan @ Sembetti Saravanan, Male aged 32 years, S/o.Kannaiyan, who is confined at Central Prison, Vellore and set aside the same and direct the respondents to produce the detenue before this Court and set him at liberty.

For Petitioner :

Mr.D.Balaji For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor assisted by Aravind C.

O R D E R

(Order of the Court was made by S.S. SUNDAR, J.) The petitioner, wife of the detenu, namely Saravanan @ Sembetti Saravanan, Male aged 32 years, S/o.Kannaiyan, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 15.06.2023 slapped on her husband, branding him as "Bootlegger" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug

Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982].

2.The learned Additional Public Prosecutor would submit that the order of detention passed by the second respondent as against the husband of the petitioner herein dated 15.06.2023 has been revoked by the Government in G.O.[Rt].No.4092, Home, Prohibition & Excise (IX) Department, dated 28.07.2023 and he has also produced a copy of the said order.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. (S.S.S.R., J.) (S.M., J.) 20.11.2023 mkn Internet : Yes Index : Yes / No

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

2.The District Collector & District Magistrate, Vellore District, Vellore - 9.

3.The Superintendent of Police, Vellore District, Vellore - 9.

4.The Superintendent of Prison, Central Prison, Vellore - 2.

5.The Inspector of Police, Gudiyatham Taluk Police Station, Vellore District.

6.The Public Prosecutor, High Court, Madras.

S.S. SUNDAR , J.

and SUNDER MOHAN, J.

mkn H.C.P.No.1088 of 2023 20.11.2023