Essthar v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.11.2023 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Essthar ... Petitioner Vs.

1.The State of Tamilnadu rep.by its Additional Chief Secretary to the Government Department of Prohibition and Excise [Home] Fort St George, Chennai 600 009.

2.The Commissioner of Police Chennai city Police, Greater Chennai Commissioner Officer, Vepery Chennai 600007.

3.The Inspector of Police P6 Kodungaiyur Police Station Chennai.

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

... Respondents

Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India, calling for the records in No.243/BCDFGISSSV/2023 dated 21.06.2023 on the file of the 2nd respondent herein and set aside the same as illegal and produce the detenu Saravanan @ FZ Saravanan son Palani aged about 29 years who is confined at Central Prison-II, Puzhal, Chennai before this Court and set him at liberty.

For Petitioner : Mr.Ilayaraja Kandasamy For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.Aravind.C

ORDER

[Order of the Court was made by S.S.SUNDAR, J.,] (1)The petitioner, wife of the detenu Saravanan @ FZ Saravanan, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 21.06.2023 slapped on her husband, branding him as "Drug Offender" under the 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 detenu herein

dated 21.06.2023 has been revoked by the Government in G.O. [Rt] No.4183, Home, Prohibition & Excise [X] Department dated 31.07.2023 and he has also produced a copy of the said order.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 having become infructuous. [S.S.S.R., J.] [S.M, J.] 21.11.2023 AP Internet : Yes To 1.The Additional Chief Secretary to the Government State of Tamilnadu Department of Prohibition and Excise [Home] Fort St George, Chennai 600 009.

2.The Commissioner of Police Chennai city Police, Greater Chennai Commissioner Officer, Vepery Chennai 600007.

3.The Inspector of Police P6 Kodungaiyur Police Station Chennai.

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

5.The Public Prosecutor, High Court, Madras.

S.S. SUNDAR, J., and SUNDER MOHAN, J., AP 21.11.2023