Kalaivani v. The Secretary To The Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.01.2025 CORAM :
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN Kalaivani W/o Parthiban ..
Petitioner v.
1. The Secretary to the Government Government of Tamil Nadu (Home) Prohibition and Excise Department Secretariat, Fort St.George Chennai 600 009
2. The District Collector and District Magistrate Chengalpattu District Chengalpattu
3. The Superintendent of Police Chengalpattu District Chengalpattu
4. The Inspector of Police Chengalpattu Taluk Police Station Chengalpattu District
5. The Superintendent of Prison Central Prison, Puzhal Chennai 600 066 ..
Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Habeas Corpus, calling for the entire records connected with the order of the 2nd respondent herein in CPT No.19/2024 dated 11.11.2024 passed against the petitioner's husband the detenu namely Partheban @ Nondi Parthiban, S/o Raja, aged about 35 years as a Drug Offender, who is confined at Central Prison, Puzhal, Chennai 600 066 and set aside the same, consequently directing the respondents herein to produce the detenu before this Hon'ble Court and set him at liberty forthwith. For Petitioner ::
Mr.A.Murugavel 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 in proceedings CPT No.19/2024 dated 11.11.2024 is sought to be quashed in the present habeas corpus petition.
2. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondents.
3. One adverse case has been relied on for the purpose of detaining the detenu. The ground case facts reveal that 2.500 Kgs of ganja has been recovered from the detenu. The recovery made cannot be construed as commercial quantity. More so the adverse case has no proximity with the ground case. The criminal case registered shall be dealt with by the police authorities under the ordinary law. We do not find any reason to allow the preventive detention to go on. Thus we are inclined to interfere with the impugned detention order.
4. Accordingly, the detention order passed by the second respondent in proceedings CPT No.19/2024 dated 11.11.2024 is hereby set aside and the habeas corpus petition is allowed. The detenu viz., Partheban @ Nondi Parthiban, S/o Raja, aged 35 years, now confined at Central Prison, Puzhal, Chennai is directed to be set at liberty forthwith, unless his confinement is required in connection with any other case.
Index : yes (S.M.S.,J.) (M.J.R.,J.) 21.01.2025 ss To
1. The Secretary to Government of Tamil Nadu (Home) Prohibition and Excise Department Secretariat, Fort St.George Chennai 600 009
2. The District Collector and District Magistrate Chengalpattu District Chengalpattu
3. The Superintendent of Police Chengalpattu District Chengalpattu
4. The Inspector of Police Chengalpattu Taluk Police Station Chengalpattu District
5. The Superintendent of Prison Central Prison, Puzhal Chennai 600 066
6. The Public Prosecutor High Court, Madras
S.M.SUBRAMANIAM,J.
AND M.JOTHIRAMAN,J.
ss 21.01.2025