Kathija v. The State Of Tamilnadu Rep By Its
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 Kathija W/o Mohideen ..
Petitioner v.
1. State of Tamil Nadu rep.by its Secretary to Government Home, Prohibition and Excise Department Secretariat, Chennai 600 009
2. The Commissioner of Police Greater Chennai, Chennai
3. The Inspector of Police R-9, Valasaravakkam Police Station Chennai
4. The Superintendent Central Prison, Puzhal Chennai ..
Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Habeas Corpus, to call for the entire records
relating to petitioner's son detention under Tamil Nadu Act 14 of 1982 vide detention order dated 07.11.2024 on the file of the second respondent herein made in proceedings No.1112/BCDFGISSSV/2024 and quash the same as illegal and consequently direct the respondents herein to produce the dsaid petitioner's son namely Yasar Arafat, aged 32 years, son of Mohideen, before this Hon'ble Court and set him at liberty, now petitioner's son detained at Central Prison, Puzhal, Chennai 600 066. For Petitioner ::
Mr.V.Parthiban for Mr.C.C.Chellappan 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 No.1112/BCDFGISSSV/2024 dated 07.11.2024 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 8 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 No.1112/BCDFGISSSV/2024 dated 07.11.2024 is hereby set aside and the habeas corpus petition is allowed. The detenu viz., Yasar Arafat, S/o Moideen, aged 32 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 Home, Prohibition and Excise Department Secretariat, Chennai 600 009
2. The Commissioner of Police Greater Chennai, Chennai
3. The Inspector of Police R-9, Valasaravakkam Police Station Chennai
4. The Superintendent Central Prison, Puzhal Chennai
5. The Public Prosecutor High Court, Madras
S.M.SUBRAMANIAM,J.
AND M.JOTHIRAMAN,J.
ss 21.01.2025