Annammal v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.11.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE S.BASKARAN H.C.P.No.1048 of 2016 Annammal .. Petitioner/Wife of Deffence Vs 1.The State represented by the Secretary to Tamil Nadu Government Home, Prohibition and Excise Department Fort St. George Chennai-9.

2.The Commissioner of Police Greater Chennai Vepery, Chennai.

.. Respondents Prayer: Petition is filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to call for the records in connection with the order of detention passed by the second respondent dated 28.04.2016 in BCDFGISSSV/2016, under the Tamil Nadu Act 14 of 1982 and to set aside the same and to direct the respondents to produce the petitioner's husband Joseph, aged about 51 years, the detenu, now confined in the Central Prison, Puzhal, Chennai, before this Court and to set him at liberty.

For Petitioner : M/s.T. Muthukrishnan For Respondents : Mr.V.M.R.Rajentren, Additional Public Prosecutor - - - -

ORDER

[Order of the Court was made by S. BASKARAN, J.] This Habeas Corpus Petition has been filed, by the wife of the detenu, namely, Joseph, son of John, aged about 51 years, praying that this Court may be pleased to issue a Writ of Habeas Corpus, to call for the records, in BCDFGISSSV No.496/2016, dated 28.4.2016, passed by the second respondent, detaining the detenu under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982), branding him as a "Goonda", in the Central Prison, Puzhal, Chennai and to quash the same and to direct the Respondents to produce the body of the detenu and to set him at liberty, forthwith.

2. We have heard the learned counsel appearing on behalf of the petitioner and the learned Additional Public Prosecutor appearing on behalf of the State and we have also perused the records, carefully.

3. Though, various grounds had been raised in the affidavit filed in support of the petition, the learned counsel, appearing on behalf of the petitioner, had assailed the order of detention mainly on the ground that the copy of the F.I.R. in Cr.No.384 of 2015 on the file of J-8 Neelankarai Police Station furnished to the detenu, which is available at page Nos.295 and 297 of the booklet, as well as the copy of Form No.91 furnished to the detenu, which is available at page No.213 of the booklet supplied to him, are illegible. Hence, the detenu had been prevented from making an effective representation against the impugned order of detention. Thus, the detention order is vitiated and the same is liable to be quashed.

4. The said submission made by the learned counsel appearing on behalf of the petitioner, had not been refuted by the learned Additional Public Prosecutor appearing on behalf of the respondents.

5. A perusal of the booklet supplied to the detenu, would show that the copies of the documents relied upon and referred to by the detaining authority, which are available at page Nos.295, 297 and 213 of the booklet, are illegible. As such, we find that the furnishing of the illegible copy of the F.I.R. in Cr.No.384 of 2015 on the file of the J-8 Neelankarai Police Station, as well as the copy of Form No.91, would prejudice the detenu, in making an effective representation against the impugned order of detention, dated 28.4.2016. Therefore, we are inclined to set aside the impugned detention order.

6.Accordingly, the Habeas Corpus Petition is allowed and the impugned detention order, dated 28.4.2016, passed by the second respondent is set aside. The detenu is directed to be released forthwith, unless his presence is required in connection with any other case.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar rnb To 1.The State represented by the Secretary to Tamil Nadu Government Home, Prohibition and Excise Department Fort St. George Chennai-9.

2.The Commissioner of Police Greater Chennai Vepery, Chennai.

3.The Superintendent Central Prison, Puzhal, Chennai(Induplicate for Communication to Detenue) 4.The Joint Secretary to Government Public(Law & Order) Fort saint George, Chennai.

5.The Public Prosecutor, High Court, Madras.

+1cc to Mr.T.Muthukrishnan SR.63052 H.C.P.No.1048 of 2016 PVS(CO) GN(19/01/2017)