Indira v. The Secretary To The Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.01.2019
CORAM:
THE HONOURABLE Mr.JUSTICE C.T.SELVAM and THE HONOURABLE Mrs.JUSTICE S.RAMATHILAGAM H.C.P. No.2664 of 2018 Indira ... Petitioner -Vs1. The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai 600 009.
2. The District Collector & District Magistrate, Tiruvannamalai District, Tiruvannamalai.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for the records in connection with the order of detention passed by the second respondent dated 12.11.2018 in D.O.No.49/2018-C2 against the petitioner's husband Rajendran, male aged 52 years, S/o. Chinnathambi, who is confined at Central Prison, Vellore and set aside the same and direct the respondents to produce the detenu before the Hon'ble Court and set him at liberty. For Petitioner :
Mr.M.Saravanan For Respondents:
Mr.R.Prathap Kumar Additional Public Prosecutor
ORDER
[Order of the Court was made by C.T.SELVAM, J.] The petitioner is the wife of the detenu, namely, Rajendran, Son of Chinnathambi, aged 52 years, challenges the impugned order of detention, dated 12.11.2018 in D.O.No.49/2018-C2 detaining her husband as "Bootlegger", as contemplated under Section 2(b) of the Tamil Nadu Prevention of dangerous activities of Boot leggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum-
grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14/1982).
2. The detenu has come to adverse notice in the following case:- S.No.
Police Station & Crime No.
Section of Law 1.
Thandrampet Police Station Crime No.781/2017 4(1)(aa) r/w 4(1-A)(ii) TNP Act 1937 @ 4(1)(aa) TNP Act 1937 2.
Thandrampet Police Station Crime No.45/2018 4(1)(i) TNP Act 1937 3.
Thandrampet Police Station Crime No.301/2018 4(1)(aa) r/w 4(1-A) (ii) TNP Act 1937 The ground case has been registered against the detenu in Crime No.544/2018 on the file of the Inspector of Police, Thandrampet Police Station for offences u/s. 328 IPC and 4(1)(i) r/w 4(1-A) (ii) Tamilnadu Prohibition Act 1937. The detention order has been passed by second respondent in D.O.No.49/2018 on 12.11.2018.
3. We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority.
4. Though several grounds have been raised in the Habeas Corpus Petition, the learned counsel appearing for the petitioner, confines his argument only in respect of nonapplication of mind on the part of the detaining authority in passing the order of detention.
5. The Grounds of Detention would reveal that 3 adverse case have been registered against the detenu and a ground case was registered against him in Cr.No.544/2018 for the offences u/s.328 IPC and 4(1)(i) r/w 4(1-A)(ii) Tamilnadu Prohibition Act 1937. Admittedly, the detenu has moved bail application in the ground case and the same is pending before the Hon'ble District Sessions Court, Tiruvannamalai in Crl.M.P.No.4675/2018. Therefore, the probability of release of the detenu imminently does not arise. Hence, we are inclined to set aside the detention order. Though the detaining authority has made reliance on similar case, in which an accused was granted bail, the facts involved in those cases are different. The principle of similarity cannot be applied mechanically. Normally, bails are granted based on the facts and circumstances of each case. Therefore, similar case plea, cannot be taken into consideration.
Hence, there is no material to substantiate that there is real possibility of the detenue coming out on bail and the said order was passed without
application of mind.
6. In the result, the Habeas Corpus Petition is allowed and the order of detention in D.O.No.49/2018-C2 dated 12.11.2018, passed by the second respondent is set aside. The detenu, namely, Rajendran, Son of Chinnathambi, aged about 52 years, is directed to be released forthwith unless his detention is required in connection with any other case.
kkn Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai 600 009.
2.District Collector & District Magistrate, Tiruvannamalai District, Tiruvannamalai.
3.The Superintendent, Central Prison, Vellore.
4.The Joint Secretary Public (Law and order) Department, Secretariat, Chennai - 600 009.
5.The Public Prosecutor High Court, Madras.
H.C.P.No.2664 of 2018 SAI(CO) KAK(21/02/2019)