Manimegalai v. Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2023 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Manimegalai ... Petitioner Vs.

1.The State of Tamil Nadu rep.by The Secretary, Home, Prohibition & Excise Department Secretariat, Chennai 600 009.

2.The Commissioner of Police Tambaram City, Shollinganallur Chennai.

3.The Superintendent of Prison Central Prison, Puzhal Chennai-66.

4.The Inspector of Police Pallikaranai PEW Chengalpattu District.

... Respondents

Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India, calling for the records relating to the detention order issued by the 2nd respondent herein in No.28/BCDFGISSSV/2023 dated 30.06.2023 and quash the same and direct the respondents herein to produce the body of the detenu namely E.Arul Kumar, son of Elumalai, aged about 28 years the son of the petitioner herein and set him at liberty from the 3rd respondent prison, viz., the Central Prison, Puzhal, Chennai-66 forthwith. For Petitioner : Mr.G.Mageshkumar For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.Aravind.C

ORDER

[Order of the Court was made by S.S.SUNDAR, J.,] (1)The petitioner, mother of the detenu, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 30.06.2023 slapped on her son, branding him as "Drug Offender" under the Tamil Nadu Act 14 of 1982.

(2)The learned Additional Public Prosecutor would submit that the order of detention passed by the second respondent as against the detenu herein

dated 30.06.2023 has been revoked by the Government in G.O. [Rt] No.4258, Home, Prohibition & Excise [X] Department dated 03.08.2023 and he has also produced a copy of the said order. (3)Recording the submission of the learned Additional Public Prosecutor, this petition is dismissed as having become infructuous. [S.S.S.R., J.] [S.M, J.] 28.11.2023 AP Internet : Yes To 1.The Secretary, State of Tamil Nadu Home, Prohibition & Excise Department Secretariat, Chennai 600 009.

2.The Commissioner of Police Tambaram City, Shollinganallur Chennai.

3.The Superintendent of Prison Central Prison, Puzhal Chennai-66.

4.The Inspector of Police Pallikaranai PEW Chengalpattu District.

5.The Public Prosecutor, High Court, Madras.

S.S. SUNDAR, J., and SUNDER MOHAN, J., AP 28.11.2023