P.Prakash v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.03.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR P.Prakash S/o.Late Pandian ..
Petitioner Vs.
1.
The Secretary to Government Home Prohibition & Excise Department Secretariat, Fort St.George Chennai-600 009.
2.
The Commissioner of Police / Detaining Authority Greater Chenani Vepery, Chennai-600 007.
3.
The Additional Superintendent of Police Central Prison-II, Puzhal Chennai.
4.
The Inspector of Police EDF-II, Team III Central Crime Branch Egmore, Chennai-600 008.
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5.
The Inspector of Police EDF-I, Team II Central Crime Branch Egmore, Chennai-600 008.
..
Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to call for the records in connection with detention order passed by the 2nd respondent dated 09.07.2022 in BCDFGISSSV No.193 of 2022 against the petitioner / detenu father's son namely, Gokulnath, son of P.Prakash, aged about 24 years, who is confined in Central Prison-II, Puzhal, Chennai and set him at liberty. For Petitioner :
Mr.C.Mohan Raj representing Mr.S.Jeyachandran For Respondents :
Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John, Advocate
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] Captioned 'Habeas Corpus Petition' ['HCP' for the sake of brevity] has been filed by father of detenu assailing a 'preventive detention order dated 09.07.2022 bearing reference No.193/BCDFGISSSV/2022' [hereinafter 'impugned detention order' for the sake of convenience and brevity]. To be noted, fourth respondent is the sponsoring authority and second respondent Page Nos.2/13
is the detaining authority as impugned detention order has been made by second respondent.
2. Impugned detention order has been made under 'The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber law offenders, Drug-offenders, Forest-offenders, Goondas, Immoral traffic offenders, Sandoffenders, Sexual-offenders, Slum-grabbers and Video Pirates Act, 1982 (Tamil Nadu Act No.14 of 1982)' [hereinafter 'Act 14 of 1982' for the sake of convenience and clarity] on the premise that the detenu is a 'Goonda' within the meaning of Section 2(f) of Act 14 of 1982. 3.There is one adverse case and one ground case. The ground case which is the substratum of the impugned detention order is Crime No.112 of 2022 on the file of Central Crime Branch, Chennai, for alleged offences under Sections 406, 420, 465, 467, 468, 471 and 120(B) read with Section 34 of 'The Indian Penal Code (45 of 1860)' [hereinafter 'IPC' for the sake of convenience and clarity]. Owing to the nature of the challenge to the impugned detention order, it is not necessary to delve into the factual matrix Page Nos.3/13
or be detained further by facts.
4. Mr.C.Mohan Raj, learned counsel representing the counsel on record for petitioner and Mr.R.Muniyapparaj, learned State Additional Public Prosecutor assisted by Mr. Mr.M.Sylvester John, learned counsel for all respondents are before us.
5. We are informed that the preventive detention orders were clamped on co-accused in the ground case, co-accused challenged the preventive detention orders in various HCPs and all HCPs have been allowed by this Hon'ble Division Bench. The details are as follows: S.No.
Detenu's Name HCP No.
order date 1.
Ponraj 10.01.2023 2.
Ponraghu 23.02.2023 3.
Ponravi 27.02.2023 4.
Titus Samuel 07.03.2023 5.
David 10.01.2023 6.
Vinoth @ Vetrimaran 07.03.2023 Page Nos.4/13
6. We are informed without any disputation or disagreement that the points raised by the co-accused in the aforementioned HCPs are available to the detenu in the captioned HCP also. We, therefore deem it appropriate to scan and reproduce one of the orders in aforementioned HCPs i.e., order dated 23.02.2023 in HCP.No.2003 of 2022. A scanned reproduction of the order dated 23.02.2023 in HCP No.2003 of 2022 is as follows: Page Nos.5/13
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7. Apropos, the sequitur is, captioned HCP is allowed. Impugned detention order dated 09.07.2022 bearing reference No.193/BCDFGISSSV/2022 made by the second respondent is set aside and the detenu Thiru.Gokulnath @ Praveen, son of Thiru.Prakash, aged about Page Nos.11/13
24 years, is directed to be set at liberty forthwith, if not required in connection with any other case / cases. There shall be no order as to costs. (M.S.,J.) (M.N.K.,J.) 08.03.2023 Index : Yes / No Speaking / Non-speaking mk P.S: Registry to forthwith communicate this order to Jail authorities in Central Prison, Puzhal, Chennai.
To 1.
The Secretary to Government Home Prohibition & Excise Department Secretariat, Fort St.George Chennai-600 009.
2.
The Commissioner of Police / Detaining Authority Greater Chenani Vepery, Chennai-600 007.
3.
The Additional Superintendent of Police Central Prison-II, Puzhal, Chennai.
4.
The Inspector of Police EDF-II, Team III, Central Crime Branch Egmore, Chennai-600 008.
5.
The Inspector of Police EDF-I, Team II, Central Crime Branch Egmore, Chennai-600 008.
6.
The Public Prosecutor High Court, Madras.
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M.SUNDAR, J., and M.NIRMAL KUMAR, J., mk 08.03.2023 Page Nos.13/13