Selvarani v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.01.2020
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN H.C.P.No.2119 of 2019 Selvarani ... Petitioner Vs
1. State of Tamil Nadu Rep.by its Secretary, Home, Prohibition and Excise Department, Fort.St.George, Chennai 600 009.
2. The Commissioner of Police Greater Chennai.
Vepery, Chennai 600 007.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus calling for the records relating to the detention order in Memo No.580/BCDFGISSSV/2019 dated 10.09.2019 passed by the second respondent under the Tamil Nadu Act 14 of 1982 and set aside the same and direct the respondent to produce the petitioner's sister Lakshmi, w/o.Palanisamy, aged about 45 years the detenue, now confined in Central Prison for Women, Puzhal, Chennai before this Court and set the petitioner's sister Lakshmi, W/o.Palanisamy, aged about 45 years the detenue herein set her liberty.
For Petitioner :
Mr.R.Muthukumar For Respondents :
Mr.R.Prathap Kumar Additional Public Prosecutor
ORDER
[Order of this Court was made by R.SUBBIAH, J] Petitioner is the sister of the detenu viz., Lakshmi, S/o.Palanisamy, aged 45 years, who has been branded as a 'Drug Offender' under the Tamil Nadu Act 14 of 1982 and detained under order of second respondent passed in BCDFGISSSV No.580/2019 dated 10.09.2019.
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2. The alleged ground case has been registered against the detenu in Crime No.434 of 2019 on the file of J-11 Kannagi Nagar Police Station for offences u/s.8(c) r/w 20(b) (ii) (B) of NDPS Act 1985. Aggrieved by the order of detention, the present writ petition has been filed.
3. Heard learned counsel for petitioner and learned Additional Public Prosecutor appearing for respondents. Perused the materials on record.
4. Though several grounds have been raised in the Habeas Corpus Petition, learned counsel for petitioner would mainly focus his argument on the ground that the arrest of the detenu has been intimated through SMS. In support of his contention, learned counsel invited the attention of this Court to Page No.59 the Booklet - Arrest Intimation Form, wherein it has been mentioned 'SMS SENT THROUGH 9965051069', which would vitiate the detention.
5. We have heard learned Additional Public Prosecutor on the above submissions.
6. In the light of the fact that proper procedure has not been followed in intimating the arrest of the detenu to his blood relatives, we have no hesitation in quashing the order of detention.
7. Accordingly, the Habeas Corpus Petition is allowed and the detention order passed by the second respondent against the detenu viz., Lakshmi, W/o.Palanisamy, in BCDFGISSSV No.580/2019 dated 10.09.2019 is quashed. The above named detenu is ordered to be set at liberty forthwith, unless her custody is required in connection with any other case.
Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar 2/3
To 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600009.
2.The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600007.
3.The Public Prosecutor, High Court, Madras.
4.The Superintendent, Special Prision for Women, Puzhal, Chennai.
5.The Joint Secretary to Government, Public (law & Order), Fort St.George, Chennai -9.
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