Edwin Rabi v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE G.ILANGOVAN Edwin Rabi ... Petitioner/Father of the detenu -vs1.State of Tamil Nadu, Rep by the Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

2.The District Collector and District Magistrate, Kanniyakumari District, Nagercoil.

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

... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus calling for the entire records connected with the detention order passed in P.D.No.30/2020 dated 07.10.2020 on the file of the 2nd respondent herein and quash the same and direct the respondents to produce the detenu or body of the detenu ie., the petitioner's son namely Benisho, aged about 24 years, S/o.Edwin Rabi, now detained at the Central Prison, Palayamkottai, before this Court and set him at liberty forthwith.

For Petitioner : Mr.N.Pragalathan For Respondents: Mr.K.Dinesh Babu Additional Public Prosecutor 1/4

O R D E R

(Order of the Court was made by K.KALYANASUNDARAM, J.) The detenue namely, Benisho, son of Edwin Rabi, has been detained by the order of the second respondent, dated 07.10.2020 in P.D.No.30/2020, wherein, he has been branded as "Drug Offender" as contemplated under Section 2(e) of Tamil Nadu Act 14 of 1982.

2. It is submitted by Mr.n.Pragalathan, learned counsel for the petitioner that though the detention order has been assailed on several grounds, it is liable to be set aside on the ground of nonintimation of arrest of the detenu either to his family members or his relatives. According to the learned counsel for the petitioner, the non-intimation of arrest would seriously affect the valuable rights of the detenu to make effective representation to the Authorities concerned for revocation of the detention order.

3. Per contra, Mr.K.Dinesh Babu, learned Additional Public Prosecutor appearing for the respondents, while reiterating the counter affidavit filed by the second respondent, would submit that the detention order has been passed by the Detaining Authority after satisfying with the materials placed by the Sponsoring Authority and there is no illegality or irregularity in the impugned detention order. Furthermore, the intimation of arrest of the detenu was given through SMS and hence, the rights of the detenu has not been affected in any manner.

4. Heard the learned counsel appearing on either side and perused the materials available on record.

5. A perusal of the arrest intimation form available at Page No.51 of the booklet shows that the arrest of the detenu in the ground case was intimated through SMS to the Cell No.9487646076. However, there is no material to show that the said Cell Number belongs to the family members of the detenu or his relatives and the text of the message is also not found place in the booklet. This Court, following the decision of the Honourable Apex Court in the case of D.K.Basu vs. State of West Bengal, reported in AIR (1997) SC 610, in several cases, has consistently held that if there is no proper intimation of arrest of the detenu either to his family members or his relatives, his valuable rights would seriously prejudiced on the sense that they will not have the opportunity to make effective representation to the Authority concerned in time for revocation of the detention order.

6. In the light of the above facts and circumstances, we are convinced that the impugned detention order would not stand to the 2/4

scrutiny of this Court and the same is, therefore, liable to be set aside.

7. In fine, the Habeas Corpus Petition is allowed. The order of detention passed by the second respondent, in P.D.No.30/2020, dated 07.10.2020, is set aside. Consequently, the detenu, namely, Benisho, son of Edwin Rabi, aged 24 years, who is now detained at Central Prison, Palayamkottai, is directed to be released forthwith unless his presence or custody or detention is required in connection with any other case / proceedings. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) Ns Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To:

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

2.The District Collector and District Magistrate, Kanniyakumari District, Nagercoil.

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

4.The Joint Secretary to Government, Public(Law & Order) Department, Secretariat, Chennai-9.

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

ORDER MADE IN 22.01.2021 TP(CO) NR (09/02/2021) 4P : 6C 4/4