Karpagam v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE S.BASKARAN H.C.P.No.1144 of 2016 Karpagam .. Petitioner Vs 1.The Commissioner of Police, Greater Chennai, Vepery, Chennai-600 007.

2.The Secretary to the Government, Government of Tamil Nadu, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to call for the records in Memo No.344/BCDFGISSSV/2016, dated 23.3.2016, on the file of the first respondent and to set aside the same and to direct the respondents to produce the detenu Suresh Kumar, son of Ganesan, aged about 28 years, who is detained in the Central Prison, Puzhal, Chennai, before this court and to set him at liberty.

For Petitioner : Mr.S.Rajeswaran For Respondents : Mr.V.M.R.Rajentren, Additional Public Prosecutor - - - -

ORDER

(Order of the Court was made by M.JAICHANDREN,J.) This Habeas Corpus Petition has been filed, by the mother of the detenu, namely, Suresh Kumar, son of Ganesan, aged about 28 years, praying that this Court may be pleased to issue a Writ of Habeas Corpus, to call for the records, in No.344/BCDFGISSSV/2016, dated 23.3.2016, passed by the first Respondent, detaining the detenu, under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, https://hcservices.ecourts.gov.in/hcservices/

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 set him at liberty forthwith.

At this stage of the hearing of the Habeas Corpus Petition, the learned Additional Public Prosecutor appearing on behalf of the respondents would submit that the order of detention passed by the first respondent, against the son of the petitioner, dated 23.3.2016, has been revoked by the Government, in G.O. Rt. No.2324, Home, Prohibition and Excise (X) Department, dated 19.5.2016 and he has also produced a copy of the said order.

Recording the submission of the learned Additional Public Prosecutor, this petition is dismissed, as infructuous. Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar To 1.The Secretary, The State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.

2.The Commissioner of Police, Vepery, Chennai.

3.The Public Prosecutor, High Court, Madras.

sk(co) krd 20/12 H.C.P.No.1144 of 2016 https://hcservices.ecourts.gov.in/hcservices/