Herani v. The Secretary To The Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.12.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN H.C.P.No.1992 of 2025 Herani ... Petitioner/ Sister of the detenu

Versus

1. The Secretary to the Government, Government of Tamil Nadu, (Home), Prohibition and Excise Department Fort St.George, Chennai - 600 009.

2. The Commissioner of Police, Greater Chennai, Office of the Commissioner of Police (Goondas Section), Vepery, Chennai - 600 007.

3. The Superintendent of Central Prison, Central Prison, Puzhal, Chennai.

4. The State Rep.by Inspector of Police, J-3, Guindy Police Station, Chennai.

.. Respondents Prayer:- Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for a Writ of Habeas Corpus calling for the entire records connected with the order of the 2 nd respondent herein concerned in BCDFGISSSV No.137/2025 dated 04.03.2025 and quash the order of detention passed therein by the 2 nd respondent herein against the detenu and directing the respondents herein to produce the body and person of the detenu by name Thiru.Mansoor, S/o.Sulthan Ali, Male aged about 26 years residing at No.27, Sunguvarchatram, Dargah Medu, Santhavellore, Kanchipuram District and now detained at Central Prison, Puzhal, Chennai before this Court and setting him at liberty forthwith. For Petitioner :

Mr.L.Jagadeesan For Respondents :

Mr.R.Munniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John

O R D E R

(Order of the Court was made by P.VELMURUGAN J.) The petitioner, who is the sister of the detenu Mansoor, S/o.Sulthan Ali, male, aged 26 years, has come forward with this petition challenging the detention order passed by the second respondent dated 04.03.2025 bearing reference BCDFGISSSV No.137/2025, slapped on her brother Mansoor, S/o.Sulthan Ali, aged 26 years, now confined in Central Prison, Puzhal, Chennai, branding him as "Drug Offender" 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 14 of 1982].

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

3. Though several grounds are raised in the petition, the learned counsel for the petitioner submitted that the Sponsoring Authority, delayed the issuance of the confirmation order by more than 10 days, thereby, depriving the detenu of his valuable right to make an effective representation. Thus, the detention order is vitiated and the same is liable to be quashed.

4. The said submission made by learned counsel appearing for the petitioner has not been disputed by learned Additional Public Prosecutor.

5. A perusal of the booklet supplied to the detenu reveals that there was a delay on the part of the Sponsoring Authority in passing the confirmation order, which has caused prejudice to the detenu in making an effective representation against the impugned order of detention. Thus, the detention order is vitiated on this ground and the same is liable to be quashed.

6. In the result, this Habeas Corpus Petition is allowed and the detention order passed by the 2 nd respondent dated 04.03.2025 in BCDFGISSSV No.137/2025 is hereby set aside and the detenu Mansoor, S/o.Sulthan Ali, male, aged 26 years, is directed to be set at liberty forthwith unless he is required in connection with any other case. [P.V.,J.] [M.J.R.,J.] 05.12.2025

Index: Yes/No ms To

1. The Secretary to the Government, Government of Tamil Nadu, (Home), Prohibition and Excise Department Fort St.George, Chennai - 600 009.

2. The Commissioner of Police, Greater Chennai, Office of the Commissioner of Police (Goondas Section), Vepery, Chennai - 600 007.

3. The Superintendent of Central Prison, Central Prison, Puzhal, Chennai.

4. The Inspector of Police, J-3, Guindy Police Station, Chennai.

5.The Public Prosecutor High Court, Madras.

P.VELMURUGAN , J., AND M.JOTHIRAMAN, J., ms H.C.P.No.1992 of 2025

05.12.2025