K.Kakil @ Madhan v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.04.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR K.Kakil @ Madhan .. Petitioner Vs 1.State of Tamil Nadu rep. By its Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St. George, Chennai - 600 009. 2.The Commissioner of Police cum District Magistrate, Commissioner Office, Greater Chennai, Veppery, Chennai - 7.
3.The Superintendent of Prisons, Central Prison, Puzhal, Chennai - 66.
4.State by The Inspector of Police, P6 Kodungaiyur Police Station, Chennai - 118.
.. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to call for the entire records in connection with the grounds of detention and the detention Page Nos.1/17
order in 294/BCDFGISSSV/2022 made by the second respondent dated 06.09.2022 and passed an order in TPDA No.3607 by the second respondent on 07.09.2022 against the detenu Kakil @ Madhan, male, aged 22 years, S/o.Kannadasan as 'Drug Offender' who is now confined at Central Prison, Puzhal II, Chennai and quash the same and direct the respondents to produce the body and person of the detenu before this Court and set him at liberty.
For Petitioner :
Mr.M.Baskar for Mr.T.Shanmugaboopathi For Respondents :
Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John
ORDER
[Order of the Court was made by M.SUNDAR, J.,] Captioned 'Habeas Corpus Petition' ['HCP' for the sake of brevity] has been filed by the detenu assailing a 'preventive detention order dated 06.09.2022 bearing reference No.294/BCDFGISSSV/2022' [hereinafter 'impugned detention order' for the sake of convenience and brevity]. To be noted, fourth respondent is the sponsoring authority and second respondent is the detaining authority as impugned detention order has been made by second respondent. Page Nos.2/17
2. Impugned detention order has been made under 'The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber law offenders, Drug-offenders, Forest-offenders, Goondas, Immoral traffic offenders, Sand-offenders, Sexual-offenders, Slum-grabbers and Video Pirates Act, 1982 (Tamil Nadu Act No.14 of 1982)' [hereinafter 'Act 14 of 1982' for the sake of convenience and clarity] on the premise that the detenu is a 'Drug Offender' within the meaning of Section 2(e) of Act 14 of 1982.
3. There are two adverse cases. The ground case which is the sole substratum of the impugned detention order is Crime No.631 of 2022 on the file of P6 Kodungaiyur Police Station for alleged offences under Section 8(c) r/w 20(b)(ii)(B), 25, 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985. Owing to the nature of the challenge to the impugned detention order, it is not necessary to delve into the factual matrix or be detained further by facts.
4. Mr.M.Baskar, learned counsel representing the counsel on record for petitioner and Mr.R.Muniyapparaj, learned State Additional Page Nos.3/17
Public Prosecutor assisted by Mr.M.Sylvester John, learned counsel, for all respondents are before us.
5. In the hearing, learned counsel for the petitioner submitted that three co-accused in the ground case were clamped with similar preventive detention orders and similar preventive detention orders were assailed in H.C.P.Nos.1981, 1982 and 2024 of 2022. All these three HCPs were allowed by this Court in and by an order dated 2023:MHC:1756. A scanned reproduction of the same is as follows: Page Nos.4/17
Page Nos.5/17
Page Nos.6/17
Page Nos.7/17
Page Nos.8/17
Page Nos.9/17
Page Nos.10/17
Page Nos.11/17
Page Nos.12/17
Page Nos.13/17
Page Nos.14/17
6.
Learned counsel for the petitioner submits that the points on which aforementioned HCPs were allowed are available in the captioned HCP also. This means that the impugned preventive detention order in the captioned HCP also deserves to be dislodged.
7. Ergo, the sequitur is, captioned HCP is allowed. Impugned detention order dated 06.09.2022 bearing reference No.294/BCDFGISSSV/2022 made by the second respondent is set aside and the detenu Thiru.Kakil @ Madhan, aged 22 years, S/o.Thiru.Kannadasan, is directed to be set at liberty forthwith, if not required in connection with any other case / cases. There shall be no order as to costs.
(M.S.,J.) (M.N.K.,J.) 20.04.2023 Index : Yes / No mmi P.S: Registry to forthwith communicate this order to Jail authorities in Central Prison, Puzhal, Chennai. Page Nos.15/17
To 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St. George, Chennai - 600 009. 2.The Commissioner of Police cum District Magistrate, Commissioner Office, Greater Chennai, Veppery, Chennai - 7.
3.The Superintendent of Prisons, Central Prison, Puzhal, Chennai - 66.
4.The Inspector of Police, P6 Kodungaiyur Police Station, Chennai - 118.
5.The Public Prosecutor High Court, Madras.
Page Nos.16/17
M.SUNDAR, J., and M.NIRMAL KUMAR , J., mmi 20.04.2023 Page Nos.17/17