Supriya @ Suguna v. The Additional Chief Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN H.C.P.(MD)No.1511 of 2022 Supriya @ Suguna ... Petitioner / Wife of the Detenu Vs.

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

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

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

4.The Inspector of Police, Prohibition Enforcement Wing, Pattukottai, In-charge of Kumbakonam, Thanjavur District.

...Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for the records relating to the impugned order of detention made in P.D.No.106 of 2022 dated 14.08.2022 on the file of the District Collector and District Magistrate, Thanjavur District, Thanjavur, the 2nd Respondent herein, branding the detenu by name Dharma @ Dharmaraj, S/o. Paramasivam, aged about 38 years as "Boot Legger", who is now confined in Central Prison, Trichy and quash the impugned order of detention by setting aside the same and set him at liberty by producing him before this Court.

For Petitioner : Mr.N.Anandakumar For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) The petitioner is the wife of the detenu, namely, Dharma @ Dharmaraj, aged about 38 years, S/o. Paramasivam. The detenu has been detained by the 2nd respondent by his proceedings in P.D.No.106 of 2022 dated 14.08.2022, holding him to be a "Boot Legger", as contemplated under Section 2(b) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

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2.The learned Additional Public Prosecutor appearing for the respondents has submitted that the detention order, which is impugned herein, has already been revoked by the competent authority. Therefore, the prayer sought for herein has become infructuous. 3.Recording the said statement made by the learned Additional Public Prosecutor for the respondents, this Habeas Corpus Petition stands closed.

(R.S.K., J.) & (K.K.R.K, J.) 24.04.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No MYR To 1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600 009. 2.The District Collector and District Magistrate, Thanjavur District, Thanjavur.

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

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R.SURESH KUMAR, J.

AND K.K.RAMAKRISHNAN, J.

MYR 4.The Inspector of Police, Prohibition Enforcement Wing, Pattukottai, In-charge of Kumbakonam, Thanjavur District.

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

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