Mohammed Jaffer v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 13.10.2023
CORAM
THE HONOURABLE MR . JUSTICE S.S.SUNDAR AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN H.C.P.No.1649/2023 Mohammed Jaffer ..
Petitioner
Versus
1.The State of Tamil Nadu, rep.by its Additional Chief Secretary to Government Home, Department of Prohibition & Excise Secretariat, Fort St George, Chennai 600 009.
2.The Commissioner of Police Greater Chennai, O/o.The Commissioner of Police Vepery, Chennai 600 007.
3.The Inspector of Police V1, Villivakkam Police Station Chennai.
4.The Superintendent of Prison Central Prison - II, Puzhal, Chennai.
.. Respondents
Prayer:- Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for a Writ of Habeas Corpus calling for the records in No.102/BCDFGISSSV/2023 dated 13.04.2023 on the file of 2nd respondent herein and set aside the same as illegal and produce the detenu Mohammed Jaffer, son of Nawab Jaan aged 29 years, now confined at Central Prison, Puzhal, Chennai before this Court and set him at liberty. For Petitioner :
Mr.Ilayaraja Kandasamy For Respondents :
Mr.E.Raj Thilak Additional Public Prosecutor
O R D E R
[Order of the Court was made by S.S.SUNDAR, J.] (1)The petitioner, detenu herein, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 13.04.2023 slapped on him, branding him as "Goonda" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982].
(2)Heard the learned counsel 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 for
the petitioner contended that the bail order in the similar case relied on by the Detaining Authority to arrive at the subjective satisfaction that the detenu is likely to be released on bail, was obtained where the learned Public Prosecutor had not objected for grant of bail to the accused therein. However, in the present case, the detenu is involved in five adverse cases and a ground case.
(4)From a perusal of the Grounds of Detention, it is seen that the Detaining Authority had relied upon the order of bail passed in similar case, to arrive at the subjective satisfaction that the detenu is likely to be released on bail. However, bail was granted to the accused in the similar case as there was no objection on the side of the prosecution to release the accused therein on bail. However, in the case of the detenu herein, he is involved in five adverse cases and therefore, it is not likely that the detenu will also be released on bail. It is in the said circumstances, this Court finds that the subjective satisfaction arrived at by the Detaining Authority suffers from non-application of mind. Hence, on the above ground, the Detention Order is liable to be quashed.
(5) In view of the aforesaid reasons, the detention order passed by the 2nd
respondent dated 13.04.2023 in No.102/BCDFGISSSV/2023 is hereby set aside and the Habeas Corpus Petition is allowed. The detenu viz., Mohammed Jaffer, S/o.Nawab Jaan, aged 29 years, is directed to be set at liberty forthwith unless he is required in connection with any other case. [S.S.S.R., J.] [S.M, J.] 13.10.2023 AP To
1.The Additional Chief Secretary to Government State of Tamil Nadu, Home, Department of Prohibition & Excise Secretariat, Fort St George, Chennai 600 009.
2.The Commissioner of Police Greater Chennai, O/o.The Commissioner of Police Vepery, Chennai 600 007.
3.The Inspector of Police V1, Villivakkam 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., AP H.C.P.No.1649/2023 13.10.2023