Vijay @ Chinnadurai v. The Additional Chief Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.07.2023
CORAM
THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR H.C.P.(MD)No.465 of 2023 Vijay alias Chinnadurai .. Petitioner / Detenu Vs.
1.The Additional Chief Secretary to Government, Home, Prohibition and Excise (XVI) Department, Fort St.George, Chennai - 600 009.
2.The District Collector and District Magistrate, District Collector and District Magistrate's Office, Thanjavur District.
3.The Superintendent of Prison, Trichy Central Prison, Trichy 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 P.D.No.160/2022 dated 27.11.2022 and quash the same and direct the respondents to produce the body or person of the detenu by name Vijay alias Chinnadurai, son of Shanmugam, aged about 26 years, earlier detained as "Goonda"at Trichy
Central Prison and now detaining at Borstal School and District Jail Pudukottai 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., Vijay alias Chinnadurai, aged about 26 years, S/o.Shanmugam. The detenu has been detained by the second respondent by his order in P.D.No.160/2022 dated 27.11.2022 holding him to be a "Goonda", as contemplated under Section 2(f) 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. Though several grounds have been raised in the Habeas Corpus Petition, the learned counsel appearing for the petitioner would mainly focus his argument on the ground that the detention order was passed on 27.11.2022 and the grounds of detention ought to have been served within five days, i.e., on or before 01.12.2022. However, it was served on the detenu only on 03.12.2022 and therefore, there is a delay of seven days in serving the booklet to the detenu. On the said sole ground, he contended that the detention order is liable to be set aside.
4. The learned Additional Public Prosecutor has not filed his counter. However, he strongly opposed the Habeas Corpus Petition. It is further submitted that investigation has been completed in this case and final report has been filed in P.R.C.No.12/2023 and the same is pending before the Judicial Magistrate Court No.II, Thanjavur.
5. Perusal of the record would go to show that no doubt, the detention order was passed on 27.11.2022 and the booklet was served on the detenu only on 03.12.2022, which is evident from the endorsement made as under:
As per Section 8 of the Act 14 of 1982, the detaining authority not later than five days from the date of detention, serve the detenu the grounds of detention. As per the said Act, one day should be excluded. In the present case, after excluding the said one day, it is seen that the booklet has been served with a delay of six days and hence, the detention order is liable to be quashed.
6. In the result, the Habeas Corpus Petition is allowed and the order of detention in P.D.No.160/2022 dated 27.11.2022 passed by the second respondent is set aside. The detenu, viz., Vijay alias Chinnadurai, S/o.Shanmugam, aged about 26 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.) 21.07.2023 NCC : Yes / No Index : Yes / No Lm/mbi
To 1.The Additional Chief Secretary to Government, Home, Prohibition and Excise (XVI) Department, Fort St.George, Chennai - 600 009.
2.The District Collector and District Magistrate, District Collector and District Magistrate's Office, Thanjavur District.
3.The Superintendent of Prison, Trichy Central Prison, Trichy District.
4.The Joint Secretary to Government, Public (Law and Order), Fort St.George, Chennai.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
M.S.RAMESH,J.
and M.NIRMAL KUMAR,J.
Lm/mbi H.C.P.(MD)No.465 of 2023 21.07.2023