Naveen v. The Additional Chief Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2023

CORAM

The Honourable Mr. Justice R.SURESH KUMAR and The Honourable Mr. Justice K.K.RAMAKRISHNAN H.C.P.(MD)No.1239 of 2022 Naveen .. Petitioner / son of the detenu Vs.

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

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

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

.. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to call for the records relating to the impugned detention order passed by the 2nd respondent in P.D.No.75/2022 dated 26.06.2022 and set aside the same by setting the detenu by namely Gunasekaran, S/o.Muthukumaran, aged 48 years and set him at liberty, now

detained at Central Prison, Trichy.

For Petitioner : Mr.K.Sivabalan For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

[Order of the Court was made by R.SURESH KUMAR, J.] Challenging the impugned detention order of the 2nd respondent in his proceedings in P.D.No.75/2022 dated 26.06.2022 and produce the detenu namely Gunasekaran, S/o.Muthukumaran, aged about 48 years, now is confined in Central Prison, Trichy, before this Court, this Habeas Corpus Petition has been filed.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.

3. Through the said detention order, the detenu has been declared as a Bootlegger. Against the detenu, there has been three adverse cases and one ground case and all related to the activities to be considered him as a

Bootlegger. Therefore, the impugned order of detention under Act 14 of 1982 has been slapped against him.

4. Among various grounds that have been raised on behalf of the detenu to challenge the order of detention, one such ground raised by the learned counsel for the petitioner is that each and every document, which have been served in the form of paper book, has to be served on the detenu and to be explained, for which, the signature of the detenu has to be obtained by the authority concerned. However, insofar as the booklet that has been served on the detenu, the materials with regard to the similar case bail order though has been served and rubber stamp has been put therein, signature has not been obtained and it is kept blank, which has been filed before this Court that has not been controverted by the learned Additional Public Prosecutor. Therefore, for which ground alone, the impugned order cannot be sustained.

5. In the result, the Habeas Corpus Petition is allowed and the order of detention in P.D.No.75/2022 dated 26.06.2022 passed by the second respondent is set aside. The detenu, viz., Gunasekaran S/o.Muthukumaran

aged about 48 years, is directed to be released forthwith unless his detention is required in connection with any other case. (R.S.K.,J.) (K.K.R.K.,J.) 21.06.2023 Index : Yes/No Internet : Yes RR To 1.The Additional Chief Secretary to Government Home, Prohibition and Excise Department Fort St. George, Secretariat, Chennai 600 009.

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

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

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

R.SURESH KUMAR,J.

and K.K.RAMAKRISHNAN,J.

RR H.C.P.(MD)No.1239 of 2022 21.06.2023