G.Sasirekha v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR H.C.P.No.1536 of 2024 G.Sasirekha ... Petitioner Vs.

1.

The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600 009. 2.

The Commissioner of Police, Office of the Commissioner of Police, Greater Chennai Police, Vepery, Chennai.

3.

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

4.

The Inspector of Police, E-2, Royapettah Police Station, Chennai.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, calling for the records pertaining to the order of the

detention passed by the second respondent in his proceedings in No.573/BCDFGISSSV/2024 dated 24.05.2024, and quash the same as illegal and produce the detenue, namely, G.Rohith S/o.George aged 21 years, Drug Offender now he is confined in Central Prison, Puzhal II, Chennai before this Court and set him at liberty.

For Petitioner : Mr.C.Raja For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The order of detention passed by the second respondent in No.573/BCDFGISSSV/2024 dated 24.05.2024 is sought to be quashed in the present Habeas Corpus Petition.

2. The Doctor's report is undated. The above lapse on the part of the authority would be sufficient for the purpose of setting aside the order of detention.

3.Thus, the impugned order of detention in No.573/BCDFGISSSV/2024 dated 24.05.2024 is quashed and the Habeas Corpus Petition stands allowed. The detenue, namely, G.Rohith S/o.George aged 21 years, now confined in Central Prison, Puzhal II, Chennai, is directed to be set at liberty forthwith unless he is otherwise required in connection with any other case. [S.M.S., J.] [N.S., J.] 29.08.2024 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No sli

S.M.SUBRAMANIAM, J.

AND N.SENTHILKUMAR, J.

sli To 1.

The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600 009. 2.

The Commissioner of Police, Office of the Commissioner of Police, Greater Chennai Police, Vepery, Chennai.

3.

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

4.

The Inspector of Police, E-2, Royapettah Police Station, Chennai.

5.

The Public Prosecutor, High Court, Madras.

H.C.P.No.1536 of 2024 29.08.2024