Prema v. The Home Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-09-2025
CORAM:
THE HONOURABLE MRS. JUSTICE J. NISHA BANU AND THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P.(Crl.)No.801 of 2025 and W.P.M.P.(crl.)No.359 of 2025 Prema, W/o Rajangam ... Petitioner Vs.
1. The Home Secretary, Home Department (Prison), Secretariat, Fort St.George, Chennai - 600 009.
2. The Inspector General of Prison, Prison Head Quarters, Egmore, Chennai - 600 008.
3. The Superintendent of Prison, Central Prison-I, Puzhal, Chennai - 600 066 ... Respondents PRAYER: The Writ Petition has been filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified Mandamus to call for the records relating to the proceedings in No.1294686/Thaku2/2025, CP-PU1/2450/2025-R2 dated 09.08.2025 by the 3rd respondent and quash the same and consequently direct the 3rd
respondent to grant 28 days ordinary leave without escort to the petitioner's son Chiranjeevi, S/o Rajangam (Convict No.7492/PID No.44870) who is presently confined in Central Prison-I, Chennai. For Petitioner : Mr.P.M.Basil For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor
ORDER
(The order of the Court was made by J.Nisha Banu,J.) This Writ Petition has been filed by the mother of the detenu challenging the proceedings in No.1294686/Thaku2/2025, CPPU1/2450/2025-R2 dated 09.08.2025 by the 3rd respondent and quash the same and consequently direct the 3rd respondent and quash the same and consequently direct the 3rd respondent to grant 28 days ordinary leave without escort to the petitioner's son Chiranjeevi, S/o Rajangam (Convict No.7492/PID No.44870) who is presently confined in Central Prison-I, Chennai.
2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
3. Learned counsel for the petitioner would state that her son has already undergone more than 9 years of imprisonment and that she had filed a petition on 28.07.2025 seeking 28 days ordinary leave to meet her and to attend family obligations, but the same was rejected.
Therefore, the learned counsel would pray to set aside the order of rejection and to grant leave to the petitioner's son.
4. Learned Additional Public Prosecutor objected for granting leave to the convict as he is involved in the offence under the Narcotic Drugs and Psychotropic Substances Act, 1985.
5. It is needless to point out that detenue is convicted under Section 8(c) r/w 20(b)(ii)(C) and 8(c) r/w 28 of the NDPS Act, 1985 and sentenced him to undergo 10 years rigorous imprisonment with a fine of Rs.1,00,000/- on each count, in default to undergo 2 years rigorous imprisonment each. Since the detenue is involved in the offence under Narcotic Drugs and Psychotropic Substances Act, having regard to nature and gravity of the offence, we are not inclined to entertain this petition. Accordingly, this Habeas Corpus Petition is dismissed. Consequently, connected miscellaneous petition is closed. (J.NISHA BANU, J.) (S. SOUNTHAR, J.) 15-09-2025 vsi To
1. The Home Secretary, Home department (Prison), Secretariat, Fort St.George, Chennai - 600 009.
2. The Inspector General of Prison, Prison Head Quarters, Egmore, Chennai - 600 008.
3. The Superintendent of Prison, Central Prison-I, Puzhal, Chennai - 600 066.
4. The Public Prosecutor, High Court of Madras, Chennai.
J. NISHA BANU, J.
and S. SOUNTHAR, J.
vsi W.P.(Crl.)No.801 of 2025 15-09-2025