Thamilarasi v. The Additional Chief Secretary To Governement
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2023
CORAM
THE HON'BLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR.JUSTICE K.K.RAMAKRISHNAN Thamilarasi .. Petitioner/Mother of the detenu Vs.
1.The Additional Chief Secretary to Government, Home, Prohibition & Excise Department, Secretariat, Chennai-600009.
2.The District Collector and District Magistrate, Nagapattinam District, Nagapattinam.
3.The Superintendent of Prison, Central Prison, Tiruchirappalli.
.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, calling for the records pertaining to the
detention order passed by the second respondent in C.O.C.No.39/2022 dated 16.07.2022 in detaining te detenu under Section 2(e) of the Tamilnadu Act 14 of 1982 as a "Drug Offender" and quash the same and direct the respondents to produce the body or person of the detenu, namely, Pettai Sathish @ Sathish, son of Allimuthu, aged about 26 years, now detained at Central Prison, Tiruchirappalli, before this Court and set him at liberty forthwith. Emulsified For Petitioner : Mr.A.Joseph Jerry For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor
ORDER
DR.G.JAYACHANDRAN, J.
and K.K.RAMAKRISHNAN, J.
The mother of the detenu, by name, Pettai Sathish @ Sathish, is before this Court challenging the detention order dated 16.07.2022. It is a case where the detenu was arrested on 27.05.2022 for alleged offence under Sections 8(c) r/w 20(b)(ii)(c), 25, 29(1) of the Narcotic Drugs and
Psychotropic Substances Act, 1985, along with three others in connection with seizure of 200 Kgs and 500 gms of Ganja.
2. The learned counsel appearing for the detenu states that it is a sole case against the detenu and there is no bad antecedent and further the alleged recovery of Ganja was not from his possession but from other accused. He further submitted that the booklet was furnished to the detenu in prison only on 17.08.2022. Therefore there is a gross violation of the statute by non-furnishing the booklet within a period of five days as contemplated under Section 8(1) of the Tamilnadu Act 14 of 1982.
3. From the records, this Court finds that the booklet was furnished to the detenu in prison on 17.08.2022. Since the grounds of order of detention to be disclosed to the person affected by the order within five days from the date of detention as per Section 8(1) of the Tamilnadu Act 14 of 1982 so as to enable the detenu to make effective representation, in this case, there is a violation of the said provision which has deprived the detenu from making effective representation. Hence, the detention order is liable to be quashed.
4. In fine, the Habeas Corpus Petition is allowed. The detention order passed in C.O.C.No.39/2022 dated 16.07.2022, by the 2nd respondent, is set aside. Consequently, the detenu viz., Pettai Sathish @ Sathish, son of Allimuthu, aged about 26 years, who is now detained in Central Prison, Tiruchirappalli, is directed to be released forthwith, unless his presence or custody or detention is required in connection with any other case. [G.J.,J.] & [K.K.R.K.,J.] 28.02.2023 Internet :Yes Index :Yes/No NCC :Yes/No PJL To 1.The Additional Chief Secretary to Government, Home, Prohibition & Excise Department, Secretariat, Chennai-600009.
2.The District Collector and District Magistrate, Nagapattinam District, Nagapattinam.
3.The Superintendent of Prison, Central Prison, Tiruchirappalli.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
DR.G.JAYACHANDRAN, J.
and K.K.RAMAKRISHNAN, J.
PJL 28.02.2023