Latha v. The Additional Chief Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.01.2025 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN H.C.P.No.2729 of 2024 Latha ...
Petitioner Vs.
1.The Additional Chief Secretary, Government of Tamil Nadu, Home, Prohibition and Excise Department, Chennai - 600 009.
2.The Commissioner of Police, Office of the Commissioner of Police, Greater Chennai.
3.The Superintendent of Police, Central Prison, Puzhal, Chennai 600 066.
4.The Inspector of Police, (L & O), T-7, Tank Factory Police Station, Adyar, Chennai.
...
Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, calling for the records relating to the detention order passed by the 2nd respondent pertaining to the order made in Memo No.165/BCDFGISSSV/2024 dated 25.09.2024 and set aside the same and directing the second respondent to produce the detenue, petitioner's son, Thiru.Vijay, aged 26 years S/o.Venkatesan, now confined in Central Prison, Puzhal,
Chennai before this Court and thereby set him at liberty. For Petitioner : Mr.P.Muthamizselvakumar for Mr.G.Baskaran For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The order of detention passed by the second respondent herein in Memo No.165/BCDFGISSSV/2024 dated 25.09.2024, is sought to be quashed in the present Habeas Corpus Petition.
2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.
3.The ground case has been registered under NDPS Act. Out of three adverse cases relied on, two adverse cases were registered in the year 2023 and has no proximity. Third case registered can be dealt with by the police authorities under the ordinary law. The detenu is already under preventive detention for about five months. Thus, we are inclined to interfere with. 4.Accordingly, the impugned order of detention in Memo
No.165/BCDFGISSSV/2024 dated 25.09.2024, is quashed and the Habeas Corpus Petition stands allowed.
The detenue, namely, Vijay, aged 26 years S/o.Venkatesan, now confined in Central Prison, Puzhal, Chennai, is directed to be set at liberty forthwith unless he is otherwise required in connection with any other case.
[S.M.S., J.] [M.J.R., J.] sli 31.01.2025 Index :
Yes/No Speaking Order :
Yes/No :
Yes/No To 1.The Additional Chief Secretary, Government of Tamil Nadu, Home, Prohibition and Excise Department, Chennai - 600 009.
2.The Commissioner of Police, Office of the Commissioner of Police, Greater Chennai.
3.The Superintendent of Police, Central Prison, Puzhal, Chennai 600 066.
4.The Inspector of Police, (L & O), T-7, Tank Factory Police Station, Adyar, Chennai.
5.The Public Prosecutor, Madras High Court.
S.M.SUBRAMANIAM, J.
AND M.JOTHIRAMAN, J.
sli H.C.P.No.2729 of 2024 31.01.2025