Bharathiraja v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 31.01.2022

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mrs.JUSTICE R.HEMALATHA H.C.P.No.1539 of 2021 Bharathiraja ... Petitioner Vs.

1.The State of Tamilnadu Rep. by its Secretary to the Government Prohibition & Excise Department, Secretariat, Fort St., George, Chennai - 600 009. 2.The District Collector and District Magistrate, Thiruvannamalai District, Thiruvannamalai.

3.The Superintendent of Police, Thiruvannamalai District, Thiruvannamalai.

4.The Inspector of Police PEW, Chengam, Thiruvannamalai District.

5. The Superintendent, Central Prison, Vellore.

... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to call for the records relating to the detention order dated 06.08.2021 passed by the second respondent in the proceedings in D.O.No.63/2021-C2 in TPDA No.8444 and to quash the same, consequently direct the respondents herein to produce the petitioner's brother namely Santhoshraj, son of Balu, aged about 32 years, who is presently undergoing detention in the Central Prison, Vellore, as "BOOTLEGGER" under Section 3(1) of the Tamil Nadu Prevention of Damgerpis Activities of Bootleggers. Drug offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, slum Grabbers and video Pirates Act, 1982 (Tamilnadu Act 14 of 1982,) before this Hon'ble Court and set him at liberty. For petitioner : Mr.C.Prabhakaran

For respondents : Mr.R.Muniyapparaj Additional Public Prosecutor

O R D E R

[Made by R.HEMALATHA, J.] The petitioner challenges the impugned order of detention in D.O.No.63/2021-C2 dated 06.08.2021, detaining his brother as "BOOTLEGGER" under Section 2(b) of Tamil Nadu Act 14 of 1982.

2. The learned Additional Public Prosecutor submitted that the order of detention passed against the detenu has been revoked by the Government by its order in G.O.Rt.No.5031, Home, Prohibition and Excise (XI) Department, dated 28.10.2021 and he has also produced a copy of the Government Order. Recording the same, this Habeas Corpus Petition stands closed.

Sd/- Assistant Registrar(CS-II) //True copy// Sub Assistant Registrar bga To 1.The Secretary to the Government, Prohibition & Excise Department, Government of Tamil Nadu, Fort St., George, Chennai - 600 009.

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

3.The Superintendent of Police, Thiruvannamalai District, Thiruvannamalai.

4.The Inspector of Police PEW, Chengam, Thiruvannamalai District.

5. The Superintendent, Central Prison, Vellore.

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

7.The Public Prosecutor High Court, Madras.

H.C.P.No.1539 of 2021 CA(CO) GMY(11/02/2022)