Karthick @ Andam Karthick v. The Principal Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.08.2023

CORAM

THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR H.C.P.(MD)No.328 of 2023 Karthick @ Andam Karthick .. Petitioner /Detenu Vs.

1.The Principal Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Chennai - 600 009.

2.The Commissioner of Police, Office of the Commissioner of Police, Madurai City, 3.The Superintendent of Prison, Madurai Central Prison, Madurai District.

.. 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 No.06/BCDFGISSSV/2023 dated 14.02.2023 and quash the same and direct the respondents to produce the body or person of the detenu by name Karthick @ Andam Karthick, son of Sangaiah, aged about 28 years, now detained as "Drug Offender" 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., Karthick @ Andam Karthick, aged about 28 years, S/o.Sangaiah. The detenu has been detained by the second respondent by his order in No.06/BCDFGISSSV/2023 dated 14.02.2023 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. The learned counsel appearing for the petitioner strongly contended that though the detenu was arrested on 14.12.2022, the detention order was passed only on 14.02.2023, i.e., after a considerable delay of two months. Therefore, the detention order has to be set aside.

4. As seen from the grounds of detention, it is clear that though the detenu was arrested on 14.12.2022, the order of detention came to be passed only on 14.02.2023 and hence, there is an abnormal delay in passing the order of detention, which caused prejudice to the interest of the detenu.

5. 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.

6. In the result, the Habeas Corpus Petition is allowed and the order of detention in No.06/BCDFGISSSV/2023 dated 14.02.2023 passed by the second respondent is set aside. The detenu, viz., Karthick @ Andam Karthick, S/o.Sangaiah, aged about 28 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.) 09.08.2023 NCC : Yes / No Index : Yes / No Lm To 1.The Principal Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Chennai - 600 009.

2.The Commissioner of Police, Office of the Commissioner of Police, Madurai City,

3.The Superintendent of Prison, Madurai Central Prison, Madurai District.

4.The Joint Secretary to Government, Public (Law and Order), Chennai.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court,

M.S.RAMESH,J.

and M.NIRMAL KUMAR,J.

Lm H.C.P.(MD)No.328 of 2023 09.08.2023