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Madras High CourtHCP/2023/2022closed

Shahin Sulaiman v. The State Of Tamil Nadu

2023-03-28Honourable Mr Justice M. Sundar,Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Shahin Sulaiman .. Petitioner Vs 1.The State of Tamil Nadu rep. By the Secretary, Home, Prohibition and Excise Department, Fort St. George, Chennai - 9.

2.The Commissioner of Police, Salem City, Office of the Commissioner of Police, Linemedu, Salem - 636 006.

3.The Superintendent of Prison, Central Prison, Salem.

4.The Inspector of Police, Ammapet Police Station, Salem City.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to call for the records relating to the detention order in C.M.P. No.126/Drug Offender/SALEM CITY/2022 dated 28.09.2022 passed by the second respondent under Page Nos.1/4

the Tamil Nadu Act 14 of 1982 and set aside the same and direct the respondents to produce the petitioner's son Sabeer, S/o.Sulaiman, aged about 30 years the detenu, now confined in Central Prison, Salem before this Court and set the petitioner's son Sabeer, S/o.Sulaiman, aged about 30 years the detenu herein at liberty. For Petitioner :

Mr.J.Hariharan For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John

ORDER

[Order of the Court was made by M.SUNDAR, J.,] Mr.J.Hariharan, learned counsel on record for petitioner and Mr.R.Muniyapparaj, learned State Additional Public Prosecutor assisted by Mr.M.Sylvester John, learned counsel for respondents are before us.

2. Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 07.11.2022 bearing reference G.O.Rt.No.7390 Home, Prohibition and Excise (XIV) Department. Page Nos.2/4

3. In the light of the undisputed position, common submission is made that nothing survives in the captioned habeas corpus petition.

4. Recording the above said submission, captioned Habeas Corpus Petition is disposed of as closed. There shall be no order as to costs.

(M.S.,J.) (M.N.K.,J.) 28.03.2023 Index : Yes / No mmi To 1.The Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 9.

2.The Commissioner of Police, Salem City, Office of the Commissioner of Police, Linemedu, Salem - 636 006.

3.The Superintendent of Prison, Central Prison, Salem.

4.The Inspector of Police, Ammapet Police Station, Salem City.

5.The Public Prosecutor High Court, Madras.

Page Nos.3/4

M.SUNDAR, J., and M.NIRMAL KUMAR, J., mmi 28.03.2023 Page Nos.4/4