Kavitha v. The State Rep Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR H.C.P.No.1989 of 2024 Kavitha .... Petitioner Vs 1 State of Tamil Nadu, Rep. by its Secretary to Government, Home, Prohibition and Excise Department , Secretariat, Chennai - 600 009.

2 The Commissioner of Police, Greater Chennai, Chennai.

3 The Inspector of Police, D3 Ice House Police Station, Chennai.

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

....

Respondents PRAYER: Petition filed under Article 226 of Constitution of India to issue a Writ of Habeas Corpus to call for the entire records relating to petitioner's brother son detention under Tamil Nadu Act 14 of 1982 vide detention order dated 20.05.2024 on the file of the second respondent herein made in proceedings

NO.541/BCDFGISSSV/2024 and quash the same as illegal and consequently direct the respondents herein to produce the said petitioner's brother son detained at Central Prison, Puzhal, Chennai - 600 066. For Petitioner : Mr. C.C.Chellappan For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The order of detention passed by the second respondent in proceedings No.541/BCDFGISSSV/2024, dated 20.05.2024, is sought to be quashed in the present Habeas Corpus Petition.

2.The Special Report submitted by the Sponsoring Authority is undated. The 161 statement is also undated. The above lapses on the part of the authority would be sufficient for the purpose of setting aside the order of detention.

3. Accordingly, the impugned order of detention in proceedings No.541/BCDFGISSSV/2024, dated 20.05.2024, is quashed and the Habeas Corpus Petition stands allowed. The detenue, namely, Vijay, S/o. Ravi, aged about 23

years, now confined in Central Prison, Puzhal, Chennai is directed to be set at liberty forthwith unless he is otherwise required in connection with any other case. [S.M.S., J.] [N.S., J.] sli 29.08.2024 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No To

1. State of Tamil Nadu, Rep. by its Secretary to Government, Home, Prohibition and Excise Department , Secretariat, Chennai - 600 009.

2. The Commissioner of Police, Greater Chennai, Chennai.

3. The Inspector of Police, D3 Ice House Police Station, Chennai.

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

5. The Public Prosecutor, High Court, Madras.

S.M.SUBRAMANIAM, J.

AND N.SENTHILKUMAR, J.

sli H.C.P.No.1989 of 2024 29.08.2024