Prema v. State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.01.2025 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN H.C.P.No.3284 of 2024 Prema ... Petitioner/Wife of the Detenu Vs.
1.
State of Tamil nadu, Represented by its Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.
The Commissioner of Police, Greater Chennai.
The Inspector of Police, N4, Fishing Harbour Police Station, Chennai.
The Superintendent, Central Prison, Puzhal, Chennai.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to call for the entire records relating to the petitioner's husband detention under Tamil Nadu Act 14 of 1982 vide detention order dated 27.11.2024 on the file of the second respondent herein
made in proceedings No.1169/BCDFGISSSV/2024 and quash the same as illegal and consequently direct the respondents herein to produce the said petitioner's husband namely Sankar, aged 34 years, Son of Nalini Sekar before this Court and set him at liberty, now petitioner's husband detained at Central Prison, Puzhal, Chennai - 600 066.
For Petitioner : 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 writ of habeas corpus has been filed challenging the detention order passed by the second respondent in proceedings No.1169/BCDFGISSSV/2024 dated 27.11.2024.
Heard the learned Counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondents.
There is no adverse case relied on for the purpose of invoking Act 14 of 1982 in the present case. Based on the ground case, the detenu was detained. The quantity of Ganja recovered cannot be construed as commercial quantity. That being so, the preventive detention is unnecessary. Accordingly, the detention order passed by the second respondent in proceedings No.1169/BCDFGISSSV/2024 dated 27.11.2024 is quashed and the Habeas Corpus Petition is allowed. The detenu, viz., Sankar, aged 34 years, S/o. Nalini confined at Central Prison, Puzhal, Chennai is directed to be set at liberty forthwith, unless he is required in connection with any other case.
[S.M.S., J.] [M.J.R., J.] 20.01.2025 Index :
Yes/No Speaking Order :
Yes/No :
Yes/No veda
To 1.
The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.
The Joint Secretary to Government, Public (Law and Order) Department, Fort St.George, Chennai - 9.
The Commissioner of Police, Greater Chennai.
The Inspector of Police, N4, Fishing Harbour Police Station, Chennai.
5.
The Superintendent, Central Prison, Puzhal, Chennai.
6.
The Public Prosecutor, Madras High Court, Chennai - 104.
S.M.SUBRAMANIAM, J.
AND M.JOTHIRAMAN, J.
veda H.C.P.No.3284 of 2024 20.01.2025