H.C.P.No.590 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR

and

THE HONOURABLE MR.JUSTICE R.SAKTHIVEL

H.C.P.No.590 of 2023

Kowsalya

.. Petitioner/Wife of the detenu

Vs

1. The Additional Chief Secretary to Government

Home, Prohibition and Excise Department

Secretariat

Chennai – 600 009

2. The Commissioner of Police

Avadi City

3. The Superintendent of Prison

Central Prison, Puzhal

Chennai – 66

4. The Inspector of Police

Prohibition Enforcement Wing

Ambattur Unit, Avadi City

Chennai - 53

.. Respondents

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H.C.P.No.590 of 2023

Petition filed under Article 226 of the Constitution of India praying for

issuance of a writ of habeas corpus to call for the records in connection with

the order of detention passed by the second respondent dated 14.02.2023 in

Memo No.38/BCDFGISSSV/2023 against the petitioner's husband Dheen

Sudhan @ Dheena, male aged 29, son of Dinakaran, who is confined at

Central Prison, Puzhal, Chennai and set aside the same and direct the

respondents to produce the detenu before this Court and set him at liberty.

For Petitioner

:

Mr.S.Senthilvel

For Respondents

:

Mr.E.Raj Thilak

Additional Public Prosecutor

ORDER

[Order of the Court was made by R.SAKTHIVEL, J.,]

Captioned 'Habeas Corpus Petition' [hereinafter 'HCP' for the sake of

convenience and clarity] has been filed assailing a 'detention order dated

14.02.2023 bearing reference No.38/BCDFGISSSV/2023' [hereinafter

'impugned preventive detention order' for the sake of brevity and

convenience].

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H.C.P.No.590 of 2023

2. When the captioned HCP was listed in the Admission Board on

17.04.2023, this Court made the following order:

'H.C.P.No.590 of 2023

M.SUNDAR, J.,

and

M.NIRMAL KUMAR, J.,

(Order of the Court was made by M.SUNDAR, J.,)

Captioned Habeas Corpus Petition has been filed in

this Court on 06.04.2023 inter alia assailing a detention

order

dated

14.02.2023

bearing

reference

No.38/BCDFGISSSV/2023 made by 'second respondent'

[hereinafter 'Detaining Authority' for the sake of convenience

and clarity]. To be noted, fourth respondent is the

Sponsoring Authority.

2. Wife of the detenu is the petitioner.

3. Learned counsel for petitioner submits that ground

case qua the detenu is for alleged offences under Sections

8(c) read with 20(b)(ii)(C) of 'the Narcotic Drugs and

Psychotropic Substances Act, 1985' [hereinafter 'NDPS Act'

for the sake of convenience and clarity] in Crime No.15 of

2023 on the file of Prohibition Enforcement Wing, Ambattur

Unit.

4. The aforementioned detention order has been made

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H.C.P.No.590 of 2023

on the premise that the detenu is a 'Drug Offender' under

Section 2(e) of 'The Tamil Nadu Prevention of Dangerous

Activities of Bootleggers, Cyber law offenders, Drug-

offenders, Forest-offenders, Goondas, Immoral traffic

offenders, Sand-offenders, Sexual-offenders, Slum-grabbers

and Video Pirates Act, 1982 (Tamil Nadu Act No.14 of 1982)'

[hereinafter 'Act 14 of 1982' for the sake of convenience and

clarity].

5. The detention order has been assailed inter alia on

the ground that some of the pages in the grounds booklet

furnished to the detenu are only in English version which

prevented the detenu from making an effective representation.

6. Prima facie case made out for admission. Admit.

Issue Rule nisi returnable by four weeks.

7. Mr.R.Muniyapparaj, learned Additional Public

Prosecutor, State of Tamil Nadu accepts notice for all

respondents. List the captioned Habeas Corpus Petition

accordingly.'

3. The aforementioned order made in the 17.04.2023 Admission

listing shall be read as an integral part and parcel of this order which means

that the short forms, short references and abb