Rajakumari v. The Secretary To The Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.04.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Rajakumari .. Petitioner Vs 1.The Secretary to the Government, Home, Prohibition and Excise Department, Fort St.George, Secretariat, Chennai - 9.
2.The District Magistrate / District Collector Master Plan Complex, Collector's Office, Tiruvallur District, Tiruvallur. 3.The Inspector of Police, Kavarapettai Police Station, Gummidipoondi Circle, Tiruvallur District.
(Crime No.46 of 2022) 4.The Superintendent of Prison, Central Prison II, Puzhal, Chennai - 66.
.. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the respondents to produce the person or body of detenu namely Page Nos.1/12
Soundarapandi, aged about 22 years, son of Suresh before this Court who is now detained in Central Prison, II Puzhal, Chennai pursuant to the detention order passed by the 2nd respondent in BCDFGISSSV No.19/2022 and to call for the records and quash the same and release the detenu at liberty forthwith.
For Petitioner :
Mr.S.Senthilvel for Mr.T.Shanmugam 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 wife of the detenu assailing a 'preventive detention order dated 12.05.2022 bearing reference BCDFGISSSV No.19/2022' [hereinafter 'impugned detention order' for the sake of convenience and brevity]. To be noted, third respondent is the sponsoring authority and second respondent is the detaining authority as impugned detention order has been made by second respondent.
2. Impugned detention order has been made under 'The Tamil Page Nos.2/12
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.The ground case which is the sole substratum of the impugned detention order is Crime No.46 of 2022 on the file of Kavarapettai Police Station for alleged offences under Section 8(c) r/w 20(b)(ii)(C), 25,29(i) 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.S.Senthilvel, learned counsel representing counsel on record for petitioner and Mr.R.Muniyapparaj, learned State Additional Public Prosecutor assisted by Mr.M.Sylvester John, learned counsel, for all respondents are before us.
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5.
Learned counsel for petitioner drew our attention to First Information Report (FIR) in the ground case i.e., FIR No.46 of 2022 dated 11.03.2022 on the file of Kavarapettai Police Station, Thiruvallur District (to be noted page 9 of the grounds booklet). Learned counsel pointed out that while the detenu in the captioned matter is cited as No.3 in the list of named accused, one Thiru.Edwinraj is cited as No.4 in the same list. Therefore, Thiru.Edwinraj, S/o.Thiru.Louise Amirtharaj is a co-accused in the same ground case, is his say. Learned counsel submits that Thiru.Edwinraj also was clamped with a preventive detention order which is identical to the impugned preventive detention order; that impugned preventive detention order was challenged in this Court by Thiru.Edwinraj's father Thiru.Louise Amirtharaj vide H.C.P.No.1274 of 2022 and it was allowed by Honourable Predecessor Bench in and by an order dated 04.01.2023 and a scanned reproduction of the same is as follows: Page Nos.4/12
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6. Adverting to aforementioned earlier order made by Honourable Predecessor Bench in the case of Edwinraj, who was clamped with a similar preventive detention order, learned counsel submits that the same point is available to the detenu in the case on hand also and the page number is 20 in this case. To be noted, in Edwinraj's case, it is page no. 24 of that booklet. 7.
Learned State Additional Public Prosecutor does not have much of a say as the argument is predicated on records. We remind ourselves of the age old adage 'Sauce to Goose is sauce to Gander too'. Therefore, applying the order dated 04.01.2023 in H.C.P. No.1274 of 2022 passed by the Honourable Predecessor Bench, we have no hesitation in saying that the impugned detention order in the captioned HCP also deserves to be dislodged.
8.
Apropos, the sequitur is, captioned HCP is allowed. Impugned detention order dated 12.05.2022 bearing reference BCDFGISSSV No.19/2022 made by the second respondent is set aside and the detenu Thiru.Soundarapandi, male, aged 22 years, son of Thiru.Suresh is directed to be set at liberty forthwith, if not required in Page Nos.10/12
connection with any other case / cases. There shall be no order as to costs.
(M.S.,J.) (M.N.K.,J.) 17.04.2023 Index : Yes / No mmi P.S: Registry to forthwith communicate this order to Jail authorities in Central Prison II, Puzhal, Chennai. To 1.The Secretary to the Government, Home, Prohibition and Excise Department, Fort St.George, Secretariat, Chennai - 9.
2.The District Magistrate / District Collector Master Plan Complex, Collector's Office, Tiruvallur District, Tiruvallur. 3.The Inspector of Police, Kavarapettai Police Station, Gummidipoondi Circle, Tiruvallur District.
4.The Superintendent of Prison, Central Prison II, Puzhal, Chennai - 66.
5.The Public Prosecutor, High Court, Madras.
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M.SUNDAR, J., and M.NIRMAL KUMAR , J., mmi 17.04.2023 Page Nos.12/12