Santhi v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.10.2024 CORAM :
THE HON'BLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE V.SIVAGNANAM Santhi W/o Selvam ..
Petitioner v.
1. The State of Tamil Nadu rep by its Principal Secretary Home, Prohibition and Excise Department Secretariat Complex, Chennai 600 009
2. The Commissioner of Police Chennai District Chennai 600 007
3. The Superintendent of Prisons Special Prison for Women, Puzhal Chennai 600 066
4. The Inspector of Police P-4 Basin Bridge Police Station Chennai District ..
Respondents Petition filed under Article 226 of the Constitution of India, praying
for issuance of a Writ of Habeas Corpus, calling for the records relating to the detention order in No.800/BCDFGISSSV/2024 dated 31.07.2024 passed by the 2nd respondent under the Tamil Nadu Act 14 of 1982 and quash the same and direct the respondents to produce the petitioner's daughter Sudha, aged 34 years, D/o Selvam, who is presently confined in the Special Prison for Women, Puzhal, Chennai before this Hon'ble Court and set her at liberty. For Petitioner ::
Mr.Santhosh.P For Respondents ::
Mr.E.Raj Thilak Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.) The petitioner herein, who is the mother of the detenue, viz., Sudha, D/o Selvam, W/o Kumar, aged 34 years, now confined at Special Prison for Women, Puzhal, Chennai, has come forward with this petition challenging the detention order passed by the second respondent in No.800/BCDFGISSSV/2024 dated 31.07.2024.
2. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondents.
3. Four adverse cases registered in 2023 & 2024 under the Cigarette
and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production Supply and Distribution) Act, 2003 are relied on by the detaining authority. The quantity involved in the adverse cases cannot be construed as huge commercial quantity. The ground case is also registered for similar offence. The detenue is already under detention for about three months. These small scale vendors of tobacco products can be dealt with properly under the regular penal law. In the event of confiscating huge commercial quantity of such products, then the police authorities have to take stringent actions. By keeping this kind of small vendors under the preventive detention law will not serve any purpose nor can be construed as if it would case public disorder.
The preventive detention law being draconian is to be invoked sparingly so as to detain persons who are all causing public disorder and not in respect of certain routine cases which are all registered against persons who are involved in regular small scale offence. Thus, we are inclined to interfere with the impugned detention order.
4. Accordingly, the detention order passed by the second respondent
in No.800/BCDFGISSSV/2024 dated 31.07.2024 is hereby set aside and the habeas corpus petition is allowed. The detenue viz., Sudha, D/o Selvam, W/o Kumar, aged 34 years, now confined at Special Prison for Women, Puzhal, Chennai is directed to be set at liberty forthwith, unless her confinement is required in connection with any other case. Index : yes (S.M.S.,J.) (V.S.G.,J.) 25.10.2024 ss To
1. The Principal Secretary to Government Home, Prohibition and Excise Department Secretariat Complex, Chennai 600 009
2. The Commissioner of Police Chennai District Chennai 600 007
3. The Superintendent of Prisons Special Prison for Women, Puzhal Chennai 600 066
4. The Inspector of Police P-4 Basin Bridge Police Station Chennai District
5. The Public Prosecutor High Court, Madras
S.M.SUBRAMANIAM,J.
AND V.SIVAGNANAM,J.
ss 25.10.2024