S.Manjunath @ Manju v. The Principal Secretary To The Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.12.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN H.C.P.No.2859 of 2024 S. Manjunath @ Manju ...
Petitioner Vs
1. The Principal Secretary to the Government, Government Of Tamil Nadu (Home), Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600 009.
2 The Additional Chief Secretary To The Government, Prohibition And Excise Department, Secretariat Fort St. George, Chennai - 600 009.
3 The Commissioner Of Police Coimbatore City, Coimbatore.
4 The Superintendent Of Central Prison, Central Prison, Coimbatore.
5 The Inspector Of Police , B-5 Vadavalli Police Station, Coimbatore City, Coimbatore.
...
Respondents
PRAYER: Petition filed under Article 226 of Constitution of India to issue a Writ of Habeas Corpus, to call for the entire records, in Connection with order of the 3rd Respondent herein vide C.No.52/G/IS/2024 dated 25.05.2024 passed against detenue namely S.Manjunath @ Manju son of Sundra Moorthy, male, aged about 37 yrs, who is confined at Central Prison, Coimbatore - 18 and set aside the same, consequently directing the Respondent herein to produce the person of the detenue before this Honble Court and set him at Liberty. For Petitioner : Mr. S. Arokia Mani Raj For Respondents : Mr.R. Muniyapparaj Additional Public Prosecutor
ORDER
(Order of the Court is made by S.M.SUBRAMANIAM, J.) The order of detention passed by the second in C.No.52/G/IS/2024 dated 25.05.2024 is sought to be quashed in the present Habeas Corpus Petition.
2. A perusal of the documents relied on by the detaining authority would reveal that, the detenu had been arrested on 24.04.2024, however the impugned order of detention has been issued on 25.05.2024, after a lapse of more than one
month. More so, the detenu is already in imprisonment under the Preventive Detention of law for about 7 years 1/2 months.
3. The fact about the long delay would be sufficient to drop an inference that the detaining authority has failed to apply their mind for the purpose of issuing the impugned order under Act 14 of 1982.
4. Hence, for the aforesaid reason, the detention order passed by the second respondent in C.No.52/G/IS/2024 dated 25.05.2024 is quashed and the Habeas Corpus Petition is allowed. The detenu, viz., S.Manjunath @ Manju, S/o. Sundra Moorthy, aged 37 years, confined at Central Prison, Coimbatore, is directed to be set at liberty forthwith, unless he is required in connection with any other case. [S.M.S., J.] [M.J.R., J.] 10.12.2024 Index :
Yes/No Speaking Order :
Yes/No :
Yes/No mrp
S.M.SUBRAMANIAM, J.
AND M.JOTHIRAMAN, J.
mrp To
1. The Principal Secretary to the Government, Government Of Tamil Nadu (Home), Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600 009.
2 The Additional Chief Secretary To The Government, Prohibition And Excise Department, Secretariat Fort St. George, Chennai - 600 009.
3 The Commissioner Of Police Coimbatore City, Coimbatore.
4 The Superintendent Of Central Prison, Central Prison, Coimbatore.
5 The Inspector Of Police , B-5 Vadavalli Police Station, Coimbatore City, Coimbatore.
6. The Public Prosecutor, High Court, Madras.
H.C.P.No.2859 of 2024 10.12.2024