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2017 Supreme(Mad) 2655

NOOTY.RAMAMOHANA RAO, ABDUL QUDDHOSE
Affiya – Appellant
Versus
State rep. by the Superintendent of Central Prison, Vellore – Respondent


Advocates Appeared:
For the Petitioner: Mr. R. Sankarasubbu.
For the Respondent: Mr. Rajarathinam, Public Prosecutor assisted by Mr. R. Ravichandran, GA.

ORDER :

NOOTY.RAMAMOHANA RAO, J.

1. This Habeas Corpus Petition is filed seeking for production of the detenu, by name, Babu @ Shahul Hameed, S/O Kaja Moideen and to set him at liberty.

2. It is the case of the petitioner that her husband, by name, Babu @ Shahul Hameed, has been taken into custody by the second respondent/ Deputy Superintendent of Police, Counterfeit Currency Wing, Egmore, Chennai, on 03.6.2014 at 22.30 hours, in connection with a criminal case booked against him. It is her specific case that the said criminal case in Criminal Case No.49 of 2014 is still pending on the file of the Special Court for Unlawful Activities Act, 1967-cum-V Additional Sessions Judge, Chennai. It is also her case that no progress in the case is made, that so far, only one witness, namely, P.W.1 has been examined and that since nearly 40 witnesses have been cited, there is no possibility of the trial getting completed in quick time. Therefore, the prolonged custody of the detenu should be considered and treated as illegal and breach of the fundamental right guaranteed to the detenu under Article 21 of The Constitution.

3. It is more specifically urged that the detenu was not produced before the















































































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