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Madras High CourtHCP(MD)/761/2016disposed of

Manjula v. The Secretary

2016-06-20Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice B. Gokuldas3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE B.GOKULDAS H.C.P(MD)No.761 of 2016 Manjula .. Petitioner Vs.

1.The State of Tamil Nadu, Represented by its Secretary, Department of Home, Fort.St.George, Chennai.

2.The District Collector/District Magistrate, Madurai District, Madurai.

3.The Superintendent of Police, Madurai District, Madurai.

4.The District Forest Officer, Madurai District, Madurai.

5.The Forest Ranger, Vadipatti Beat, Madurai Forest Range, Madurai District.

6.The Forester, Vadipatti Beat, Madurai Forest Range, Madurai District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents to produce the body and person of petitioner's husband Ranjan S/o.Govindh [45/16] before this Court and set him at liberty. For petitioner : Mr.R.Venkatesan For respondents 1to5 : Mr.C.Mayil Vahana Rajendran Additional Public Prosecutor

O R D E R

*********** [Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this Habeas Corpus Petition for a direction to the respondents to produce the detenu, who is stated to be her husband, before this Court and set him at liberty.

2. When the Habeas Corpus Petition was taken up for consideration, the learned Additional Public Prosecutor produced an affidavit, sworn to by the Forest Ranger, Vadipatti Beat, Madurai Forest Range, Madurai District, indicating that the detenu was involved in a case in O.R.No.1 of 2016 under various provisions of the Tamil Nadu Forest Act, 1882 and the Narcotic Drugs and Psychotropic Substances Act, 1985. He was produced before the learned Judicial Magistrate, Vadipatti, on 15.06.2016, along with the others. He was remanded by the learned Judicial Magistrate and presently, he is confined at the Central Prison, Madurai.

3. The affidavit filed by the Forest Ranger, Vadipatti Beat, Madurai Forest Range, Madurai District, indicates that the detenu is not in illegal custody. We are, therefore, of the view that there is no need for a direction to produce the detenu before us.

4. The Habeas Corpus Petition is disposed of, with the above observation.

Sd/- Assistant Registrar (CS-I) /True copy/ Sub Assistant Registrar NB To:

1.The Secretary to Government, Department of Home, Fort.St.George, Chennai.

2.The District Collector/District Magistrate, Madurai District, Madurai.

3.The Superintendent of Police, Madurai District, Madurai.

4.The District Forest Officer, Madurai District, Madurai.

5.The Forest Ranger, Vadipatti Beat, Madurai Forest Range, Madurai District.

6.The Forester, Vadipatti Beat, Madurai Forest Range, Madurai District.

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

+1CC to Mr.R.Venkatesan, advocate Sr.No.32146 GJM/DB/27.6.16-3p-9c ORDER MADE IN H.C.P(MD)No.761 of 2016 20.06.2016