Rosaiah v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:26.11.2019

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH AND THE HON'BLE MR.JUSTICE RMT.TEEKAA RAMAN H.C.P.NO.1971 OF 2019 Rosaiah ... Petitioner -vs1. The State of Tamil Nadu Rep. by its Secretary to Government, Department of Prohibition and Excise(Home), Fort St.George, Chennai - 600 009.

2. The Commissioner of Police, Chennai City Police, Greater Chennai, Commissioner Office, Vepery, Chennai - 600 007.

... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus to call for the records in 510/BCDFGISSSV/2019 dated 20.08.2019 on the file of the second respondent herein and set aside the same as illegal and produce the detenu Rosaiah, son of Prakasam, aged about 24 years, who is confined at Central Prison, Puzhal, Chennai before this Court and set him at liberty.

For Petitioner : Mr.Ilayaraja Kandasamy For Respondents :

Mr.R.Prathap Kumar Addl. Public Prosecutor

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner, Rosaiah, son of Prakasam, aged about 24 years, is the detenu. The detenu has been detained by the second respondent by his order in No. 510/BCDFGISSSV/2019 dated 20.08.2019, holding to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

2. We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority.

3. Though learned counsel for the petitioner has raised several other grounds to assail the order of detention, he has mainly focused his argument on the ground that the detaining authority, while detaining the detenu, has not furnished the legible copy of the document relied on by him. This deprived the detenu from making effective representation. Therefore, on this sole ground, the detention order is liable to be quashed.

4. On consideration of the submissions made on either side and upon perusal of the documents available on record, especially Page Nos.147, 285 and 351 of the booklet, it is clear that the detaining authority, by providing illegible copy of the document, has taken away the rights of detenu to effectively defend himself against his detention. Thus the impugned detention order is liable to be set aside on this ground.

5. In the result, the Habeas Corpus Petition is allowed and the order of detention in No.510/BCDFGISSSV/2019 dated 20.08.2019, passed by the second respondent is set aside. The detenu, namely, Rosaiah, son of Prakasam, aged about 24 years, is directed to be released forthwith unless his detention is required in connection with any other case.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mmi/ssm To

1. The Secretary to Government, Department of Prohibition and Excise(Home), Fort St.George, Chennai - 600 009.

2. The Commissioner of Police, Chennai City Police, Greater Chennai, Commissioner Office, Vepery, Chennai - 600 007.

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

4. The Public Prosecutor, High Court, Madras.

H.C.P.No.1971 of 2019 GMR(CO) CS/20/01/2020