Vasanthi v. Additional Chief Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.10.2023 CORAM :
THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Vasanthi W/o Suresh ..
Petitioner v.
1. The State of Tamil Nadu rep. by its Additional Chief Secretary to Government Department of Home, Prohibition and Excise Secretariat, Fort St.George Chennai 600 009
2. The Commissioner of Police Chennai City Police, Greater Chennai Commissioner Office, Vepery Chennai 600 007
3. The Inspector of Police J-9, Thuraipakkam Police Station Chennai
4. The Superintendent of Prison Central Prison-II Puzhal, Chennai ..
Respondents
Writ 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 No.193/BCDFGISSSV/2023 dated 30.05.2023, on the file of second respondent herein and set aside the same as illegal and produce the detenu Ajay @ Reeta, son of Raja, aged 22 years, now confined at Central PrisonII, Puzhal, Chennai before this Hon'ble Court and set him at liberty. For Petitioner ::
Mr.Ilayaraja Kandasamy For Respondents ::
Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.C.Aravind, Advocate
ORDER
(Order of the Court was made by S.S.SUNDAR,J.) The petitioner, who is the aunt of the detenu, namely, Ajay @ Reeta, aged 22 years, S/o Raja, has come forward with this petition challenging the detention order passed by the second respondent dated 30.05.2023 slapped on the detenu, branding him as 'Drug Offender' under 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. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
3. Though several grounds are raised in the petition, the learned counsel appearing for the petitioner has urged the following points: (i) The copy of the remand report at page-50 of the booklet is not legible and therefore the detenu was deprived of an opportunity to make an effective representation.
(ii) The detaining authority has relied upon the order passed in Crl.M.P.No.1842 of 2020, wherein the accused therein was granted bail by recording the fact that he had been incarcerated for more than 37 days and that the respondent police failed to produce the contraband allegedly seized from the accused therein immediately before the Court.
4. This Court finds merit on both the grounds urged by the learned counsel appearing for the petitioner. We are convinced that the remand report at page 50 of the booklet is not legible. Similarly, the detaining
authority failed to consider the peculiar facts and circumstances of the case that were relied by him to satisfy himself that the detenu is likely to be released on bail, since the bail granted to the accused in similar case was on specific grounds, which are absent in the case relating to the detenu. Therefore, this Court finds that the order impugned herein is vitiated for non-application of mind and the same is liable to be set aside.
5. In view of the aforesaid reasons, the detention order passed by the second respondent dated 30.05.2023 in No.193/BCDFGISSSV/2023 is hereby set aside and the habeas corpus petition is allowed. The detenu viz., Ajay @ Reeta, S/o Raja, aged 22 years, is directed to be set at liberty forthwith, unless he is required in connection with any other case. Index : yes/no (S.S.S.R.,J.) (S.M.,J.) 30.10.2023 ss To
1. The Additional Chief Secretary to Government Department of Home, Prohibition and Excise
Fort St.George Chennai 600 009
2. The Commissioner of Police Chennai City Police, Greater Chennai Commissioner Office, Vepery Chennai 600 007
3. The Inspector of Police J-9, Thuraipakkam Police Station Chennai
4. The Superintendent of Prison Central Prison-II Puzhal, Chennai
5. The Public Prosecutor High Court, Madras
S.S.SUNDAR,J.
AND SUNDER MOHAN,J.
ss 30.10.2023