Priya, v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.06.2016

CORAM

THE HON'BLE MR.JUSTICE S.NAGAMUTHU and THE HON'BLE MR.JUSTICE V.BHARATHIDASAN H.C.P.No.368 of 2016 Priya ..Petitioner/Wife of the detenue Vs.

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

2.The Commissioner of Police, Chennai Police, O/o.The Commissioner of Police [Goonda Section], Egmore, Chennai - 600 008.

..

Respondents 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 detention order made in B.D.F.G.I.S.S.V.No.54/2016 dated 05.02.2016 passed by the Commissioner of Police, Chennai Police, O/o.The Commissioner of Police [Goonda Section], Egmore, Chennai - 600 008, the second respondent herein and set aside the same and direct the respondents to produce the detenu before this Court and set the detenu, Mottu @ Sathiyagiri Rao, S/o.Sai Rao, aged about 30 years, now confined at Central Prison, Vellore, at liberty. For Petitioner : Mr.N.Sudharsan For Respondents : Mr.A.N.Thambidurai Additional Public Prosecutor

O R D E R

[Order of the Court was made by V.BHARATHIDASAN, J.] The petitioner, who is the wife of the detenu, namely, Mottu @ Sathiyagiri Rao, aged about 30 years, son of Sai Rao, has come forward with this petition challenging the detention https://hcservices.ecourts.gov.in/hcservices/

order passed by the second respondent dated 05.02.2016 against her husband branding him as a "Goonda" 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, Sexual Offenders, Slum Grabbers and Video Pirates Act, 1982 [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the order of detention passed by the second respondent as against the husband of the petitioner dated 05.02.2016 has been revoked by the Government in G.O.Rt.No.1337, dated 28.03.2016 and he has also produced a copy of the said order.

3. Recording the submission of the learned Additional Public Prosecutor, the Habeas Corpus Petition is dismissed as infructuous.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar sri To 1.The Secretary to Government of Tamil Nadu, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

2.The Commissioner of Police, Chennai Police, O/o.The Commissioner of Police [Goonda Section], Egmore, Chennai - 600 008.

3.The Additional Public Prosecutor High Court, Madras.

4.The Superintendent, The central Prison, Vellore.

H.C.P.No.368 of 2016 msm co kra 23.06.2016 https://hcservices.ecourts.gov.in/hcservices/