Rita v. State Of Tamilnadu, Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.01.2025 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN H.C.P.No.3261 of 2024 Rita ... Petitioner/Mother of the detenu Vs.
1.State of Tamilnadu, Rep.by the Additional Chief Secretary, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.
2.The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.
3.The Inspector of Police, K-8, Arumbakkam Police Station, Chennai.
4.The Superintendent of Prison, Central Prison, Puzhal, Chennai - 600 066.
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, or any other appropriate writ order or direction in the nature of writ, calling for the records relating to the detention order in Memo No.1160/BCDFGISSSV/2024 dated 25.11.2024 passed by the 2nd respondent under the Tamilnadu Act 14 of 1982 and set aside the same and direct the respondent to Produce the petitioner's son THIRU.LASAR MERWIN VIJAY @ MERWIN VIJAY, S/O.JOSEPH SELVAM, aged about 39 years the detenue, now confined in Central Prison, Puzhal, Chennai before this Hon'ble Court and set the petitioner's son THIRU.LASAR MERWIN VIJAY @ MERWIN VIJAY, S/O.JOSEPH SELVAM, aged about 39 years the detenue herein at liberty. For Petitioner : Mr.R.Muthukumar 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 Memo No.1160/BCDFGISSSV/2024 dated 25.11.2024 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. Based on the ground case, the detenu has been detained under the Preventive Detention Law. The ground case has been registered under the NDPS Act. The police authorities recovered 2.5 kilograms of Kanja, which cannot be construed as commercial quantity. Therefore, the police authorities may deal with the criminal cases under the ordinary law. The reasons stated in the order impugned to invoke the Preventive Detention Law would be insufficient and therefore, we are inclined to interfere.
4.Accordingly, the impugned order of detention passed by the second respondent in Memo No.1160/BCDFGISSSV/2024 dated 25.11.2024 is quashed and the Habeas Corpus Petition stands allowed. The detenue, namely, Lasar Merwin Vijay @ Merwin Vijay, S/o.Joseph Selvam, aged about 39 years, 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.] 24.01.2025 Index :
Yes/No Speaking Order :
Yes/No :
Yes/No kak
To 1.The Additional Chief Secretary, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.
2.The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.
3.The Inspector of Police, K-8, Arumbakkam Police Station, Chennai.
4.The Superintendent of Prison, Central Prison, Puzhal, Chennai - 600 066.
5.The Joint Secretary to Government, Public (Law & Order), Fort St.George, Chennai.
6.The Additional Public Prosecutor, Madras High Court.
S.M.SUBRAMANIAM, J.
AND M.JOTHIRAMAN , J.
kak H.C.P.No.3261 of 2024 24.01.2025