Shabana v. Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2023 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Shabana ... Petitioner Vs.

1.The Secretary to Government Home, Prohibition and Excise Department Secretariat, Fort St.George Chennai 600 009.

2.The Commissioner of Police Detaining Authority Tiruppur City Tirppur District.

3.The Superintendent of Prison Central Prison - Coimbatore Coimbatore District.

4.State rep.by its The Inspector of Police Tiruppur North Police Station Tiruppur District.

... Respondents

Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, to call for the entire records, relating to the petitioner's husband detention under Tamil Nadu Act 14 of 1982 vide detention order, dated 23.08.2023 on the file of the second respondent herein made in proceedings Memo C.No.46/D.O./IS/Tiruppur City/2023, quash the same as illegal and consequently direct the respondents herein to produce the petitioner's husband namely Ajithkumar @ Ajith, S/o.Alagarsamy, aged about 24 years before this Court and set the petitioner's husband at liberty from detention, now the petitioner's husband detained at Central Prison, Coimbatore. For Petitioner :

Mr.W.Camyles Gandhi 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.) The petitioner, wife of the detenu, namely Ajithkumar @ Ajith, S/o.Alagarsamy, aged about 24 years, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 23.08.2023 slapped on her husband, branding him as "Drug Offender"

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.The learned Additional Public Prosecutor would submit that the order of detention passed by the second respondent as against the husband of the petitioner herein dated 23.08.2023 has been revoked by the Government in G.O. [Rt] No.5502, Home, Prohibition & Excise (XII) Department, dated 04.10.2023 and he has also produced a copy of the said order.

3.Recording the submission of the learned Additional Public Prosecutor, this petition is dismissed as the same has become infructuous. (S.S.S.R., J.) (S.M., J.) 22.12.2023 mkn

Internet : Yes Index : Yes / No To 1.The Secretary to Government Home, Prohibition and Excise Department Secretariat, Fort St.George Chennai 600 009.

2.The Commissioner of Police Detaining Authority Tiruppur City Tirppur District.

3.The Superintendent of Prison Central Prison - Coimbatore Coimbatore District.

4.The Inspector of Police Tiruppur North Police Station Tiruppur District.

5.The Public Prosecutor, High Court, Madras.

S.S. SUNDAR , J.

and SUNDER MOHAN, J.

mkn 22.12.2023