Tmt.Kulsan Beevi 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.1152 of 2016 Kulsan Beevi .. Petitioner Vs 1.The Commissioner of Police, 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 of the first respondent, in No.428/BCDFGISSSV/2016, dated 13.4.2016 and to set aside the same and to direct the respondents to produce the detenu Mohamed Akhil Hussain @ Akhil, son of Kishar Mohamed, aged about 32 years, who is detained in the Central Prison, Puzhal, Chennai, before this court and to set him at liberty.

For Petitioner : Ms.R.Vinu Priyanga 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 wife of the detenu, namely, Mohamed Akhil Hussain @ Akhil, son of Kizhar Mohamed, aged about 32 years, praying that this Court may be

pleased to issue a Writ of Habeas Corpus, to call for the records, in No.428/BCDFGISSSV/2016, dated 13.4.2016, passed by the first Respondent, detaining the detenu, under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, 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that the order of detention passed by the first respondent, against the husband of the petitioner, dated 13.4.2016, has been revoked by the Government, in G.O. Rt. No.2880, Home, Prohibition and Excise (X) Department, dated 30.6.2016 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. vvk Sd/- Assistant Registrar /TRUE COPY/ Sub-Assistant 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.

4.The Superintendent, Central Prison, Puzhal, Chennai.

5.The Joint Secretary to Govt, Public (L & O) Fort Saint George, Chennai-9.

H.C.P.No.1152 of 2016 MG[CO] MK:02/01/2017