K.Jeyanthi v. The Additional Chief Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2023

CORAM

THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR H.C.P.(MD)No.1909 of 2022 K.Jeyanthi .. Petitioner /mother of the detenu Vs.

1.State of Tamil Nadu Rep. by its Additional Chief Secretary to Government Home Prohibition and Excise Department, Chennai-600 009.

2.The District Collector and District Magistrate Madurai District Madurai.

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

.. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to call for the entire records pertaining to the proceedings of the second respondent made in his proceedings in detention

order No: BCDFGISSSV.No.65/2022 dated 21.09.2022 and quash the same and set petitioner's son by name "Surya, S/o.Kumar, aged about 21 years", at liberty from the third respondent Central Prison, Madurai. For Petitioner : Mr.C.Prithviraj For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

(Order of the Court was made by M.S.RAMESH, J.) The petitioner is the mother of the detenu viz., Surya, S/o.Kumar, aged about 21 years. The detenu has been detained by the second respondent by his order in detention order in BCDFGISSSV.No. 65/2022 dated 21.09.2022 holding him to be a "Drug Offender", as contemplated under Section 2(e) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

2. We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining

Authority.

3.Among other grounds, the detention order is mainly attacked on the ground that there is a delay in passing the order of detention. Learned counsel appearing for the petitioner strongly contended that though the detenu was arrested on 23.07.2022, the detention order was passed only on 21.09.2022 i.e., after a considerable delay of more than 55 days. Therefore, the detention order has to be set aside.

4.As seen from the grounds of detention, it is clear that though the detenu was arrested on 23.07.2022, the order of detention came to be passed only on 21.09.2022 and hence, there is an abnormal delay in passing the order of Detention, which caused prejudice to the interest of the detenu. 5.We have gone through the entire materials placed on record. There is no satisfactory explanation offered by the Detaining Authority for the delay in passing the order of detention. Hence the impugned order of detention is liable to be set aside.

6. In the result, the Habeas Corpus Petition is allowed and the order of detention in BCDFGISSSV.No.65/2022 dated 21.09.2022 passed by the second respondent is set aside. The detenu, viz., Surya, S/o.Kumar, aged about 21 years, is directed to be released forthwith unless his detention is required in connection with any other case. (M.S.R.,J.) (M.N.K.,J.) 12.07.2023 NCC : Yes/No Internet : Yes RM/RR

To 1.The Additional Chief Secretary to Government State of Tamil Nadu Home Prohibition and Excise Department, Chennai-600 009.

2.The District Collector and District Magistrate Madurai District Madurai.

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

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

M.S.RAMESH, J.

and M.NIRMAL KUMAR,J.

RM/RR H.C.P.(MD)No.1909 of 2022 12.07.2023