Balasubramaniam @ Raja v. The Additional Chief Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2023

CORAM

THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR H.C.P.(MD)No.480 of 2023 Balasubramanian @ Raja .. Petitioner / Detenu Vs.

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

2.The District Collector and District Magistrate, Thoothukudi District, Thoothukudi.

3.The Superintendent of Prison, Central Prison, Palayamkottai.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, calling for the records in pursuant to the proceedings of the 2nd respondent in Detention Order in H.S.(M)Confdl. No. 40/2023, dated 02.03.2023, quash the same and consequently direct the

respondents to produce the detenu, namely Balasubramanian @ Raja, S/o.Nattarmuthu, aged 35 years, who is now detained in Central Prison, Palayamkottai before this Court and set him at liberty. For Petitioner : Mr.T.Balachandar For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

ORDER

(Order of the Court was made by M.S.RAMESH,J.) The petitioner is the detenu viz., Balasubramanian @ Raja, S/o.Nattarmuthu, aged about 35 years. The detenu has been detained by the second respondent by his Detention order in H.S.(M) Confdl. No.40/2023, dated 02.03.2023, 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 the learned counsel for the petitioner has raised several other grounds to assail the order of detention, he has mainly focused his argument on the ground that though reliance has been placed by the detaining authority on the remand order, the copy of the remand order has not been furnished to the detenu. Therefore, he submitted that on the sole ground, the detention order is liable to be quashed.

4. On consideration of the submissions made on either side and upon perusal of the documents available on record, especially, when the detaining authority has placed reliance upon the remand order, the same has not been furnished to the detenu, which vitiates the order of detention.

5. In the result, the Habeas Corpus Petition is allowed and the order of detention in H.S.(MD) Confdl. No.40/2023, dated 02.03.2023, passed by the second respondent is set aside. The detenu, viz., Balasubramanian @ Raja S/o.Nattarmuthu, aged about 35 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.) 07.09.2023 NCC : Yes / No Index : Yes / No vsm

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

2.The District Collector and District Magistrate, Thoothukudi District, Thoothukudi.

3.The Superintendent of Prison, Central Prison, Palayamkottai 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

M.S.RAMESH,J.

and M.NIRMAL KUMAR,J.

vsm H.C.P.(MD)No.480 of 2023 07.09.2023