Subburaj v. The Principal Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2023

CORAM

THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR H.C.P.(MD)No.134 of 2023 Subburaj .. Petitioner / Detenu Vs.

1.The Principal Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The District Magistrate and District Collector, Office of the District Magistrate and District Collector, Virudhunagar District 3.The Superintendent of Prison, Madurai Central Prison, Madurai .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, calling for the entire records connected with the detention order of the respondent No.2 in Cr.M.P.No.50/2022 (Drug Offender) dated 24.12.2022 and quash the same and direct the respondents

to produce the body or person of the detenu by name Subburaj, son of Velusamy, aged about 44 years, now detained at Madurai Central prison before this Court and set him at liberty forthwith. For Petitioner : Mr.R.Alagumani For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

(Order of the Court was made by M.S.RAMESH,J.) The petitioner is the detenu viz., Subburaj, S/o.Velusamy aged about 44 years. The detenu has been detained by the second respondent by his order in Cr.M.P.No.50/2022 (Drug Offender) dated 24.12.2022 holding him to be a "Drug Offender", as contemplated under Section 2(e) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

2. We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We

have also perused the records produced by the Detaining Authority. 3.Among other grounds, the detention order is mainly attacked on the ground that there is a delay in passing the order of detention. Learned counsel appearing for the petitioner strongly contended that though the detenu was arrested on 06.11.2022, the detention order was passed only on 24.12.2022 i.e., after a considerable delay of more than 30 days. Therefore, the detention order has to be set aside.

4. The learned Additional Public Prosecutor strongly objected this petition and submitted that on completion of investigation, charge sheet has been filed in C.C.No.95/2023 and the same is pending before the Special Court, Pudukottai.

5.As seen from the grounds of detention, it is clear that though the detenu was arrested on 06.11.2022, the order of detention came to be passed only on 24.12.2022 and hence, there is an abnormal delay in passing the

order of Detention, which caused prejudice to the interest of the detenu. 6.We have gone through the entire materials placed on record. There is no satisfactory explanation offered by the Detaining Authority for the delay in passing the order of detention. Hence the impugned order of detention is liable to be set aside.

7. In the result, the Habeas Corpus Petition is allowed and the order of detention in Cr.M.P.No.50/2022 (Drug Offender) dated 24.12.2022 passed by the second respondent is set aside. The detenu, viz., Subburaj S/o.Velusamy, aged about 44 years, is directed to be released forthwith unless his detention is required in connection with any other case. (M.S.R.,J.) (M.N.K.,J.) 26.07.2023 NCC : Yes / No Index : Yes / No RR

To 1.The Principal Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The Joint Secretary Public (Law and Order) Secretariat, Chennai.

3.The District Magistrate and District Collector, Office of the District Magistrate and District Collector, Virudhunagar District 4.The Superintendent of Prison, Madurai Central Prison, Madurai 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

M.S.RAMESH,J.

and M.NIRMAL KUMAR,J.

RR H.C.P.(MD)No.134 of 2023 26.07.2023