Ali John v. State Of Tamilnadu Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.10.2024 CORAM :

THE HON'BLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE V.SIVAGNANAM Ali John S/o Abdul Kadar ..

Petitioner v.

State of Tamil Nadu rep.by

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

2. The Commissioner Salem City, Salem

3. The Superintendent of Central Prison Central Prison, Salem

4. The Inspector of Police Sooramangalam 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 pertaining to

the order of detention passed by the 2nd respondent in C.M.P.No.67/Drug Offender/Salem City/2024 dated 10.09.2024 against the petitioner's son, the detenu Naveeth, Male, aged 30 years, Son of Ali John, who is now confined in Central Prison, Salem and set aside the same and direct the respondents to produce the detenu before this Hon'ble Court and set him at liberty. For Petitioner ::

Mr.M.Rajkumar 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 father of the detenu, viz., Naveeth, S/o Ali John, aged 30 years, now confined at Central Prison, Salem, has come forward with this petition challenging the detention order passed by the second respondent in C.M.P.No.67/Drug Offender/Salem City/2024 dated 10.09.2024.

2. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondents.

3. Two adverse cases are relied on for the purpose of detaining the

detenu under the Act 14 of 1982. The adverse cases would reveal that minimum quantity of narcotic drugs are recovered and these cases can be dealt with under the regular penal law. Considering the fact that the relied on cases and the ground case would be insufficient to invoke the provisions of Act 14 of 1982 against the detenu, we are inclined to consider the present petition.

4. Accordingly, the detention order passed by the second respondent in C.M.P.No.67/Drug Offender/Salem City/2024 dated 10.09.2024 is hereby set aside and the habeas corpus petition is allowed. The detenu viz., Naveeth, S/o Ali John, aged 30 years, now confined at Central Prison, Salem is directed to be set at liberty forthwith, unless his confinement is required in connection with any other case.

Index : yes (S.M.S.,J.) (V.S.G.,J.) 28.10.2024 ss

To

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

2. The Commissioner Salem City, Salem

3. The Superintendent Central Prison, Salem

4. The Inspector of Police Sooramangalam Police Station Salem City

5. The Public Prosecutor High Court, Madras

S.M.SUBRAMANIAM,J.

AND V.SIVAGNANAM,J.

ss 28.10.2024