H.C.P.No.484 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.07.2023

Coram

THE HONOURABLE MR.JUSTICE M.SUNDAR

and

THE HONOURABLE MR.JUSTICE R.SAKTHIVEL

H.C.P.No.484 of 2023

Rose

.. Petitioner

vs

1.State of Tamil Nadu rep. By its Secretary,

Home, Prohibition and Excise Department,

Fort St.George, Chennai – 600 009.

2.The District Collector and District Magistrate

of Tirupattur, Tirupattur District.

3.The Superintendent of Police,

Tirupattur.

4.The Superintendent of Prison,

Central Prison, Vellore.

5.The Inspector of Police,

Tirupattur Prohibition Enforcement Wing,

Tirupattur District.

.. Respondents

Petition filed under Article 226 of the Constitution of India

praying for issuance of a writ of habeas corpus to call for the

records of the detention order in C3/D.O.No.5/2023 dated

04.02.2023 on the file of the second respondent and quash the

same and produce the body of the petitioner's husband

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H.C.P.No.484 of 2023

Thiru.Thirupathi, male, S/o.Sivalingam, aged about 33 years, now

confined at Central Prison, Vellore, before this Court and set him at

liberty.

For Petitioner

:

Ms.M.Kokila

for Ms.S.Premakumari

For Respondents

:

Mr.E.Raj Thilak,

Additional Public Prosecutor

ORDER

[Order of the Court was made by M.SUNDAR, J.]

When the captioned 'Habeas Corpus Petition' (hereinafter

'HCP' for the sake of convenience and clarity) was listed in the

Admission Board on 30.03.2023, this Court made the following

order:

'Captioned Habeas Corpus Petition has been filed in

this Court on 06.03.2023 inter alia assailing a detention order

dated 04.02.2023 bearing reference C3/D.O.No.05/2023 made

by 'second respondent' [hereinafter 'Detaining Authority' for

the sake of convenience and clarity]. To be noted, fifth

respondent is the Sponsoring Authority.

2. To be noted, wife of the detenu is the petitioner.

3. Ms.S.Premakumari, learned counsel on record for

habeas corpus petitioner is before us. Learned counsel for

petitioner submits that ground case qua the detenu is for

alleged offences under Sections 4(1)(aaa), 4(1)(h) and 4(1-

A)(ii) of Tamil Nadu Prohibition Act, 1937 in Crime No.08 of

2023 on the file of Tirupathur Prohibition Enforcement Wing.

4. The aforementioned detention order has been made

on the premise that the detenu is a 'Bootlegger' under Section

2(b) of 'The Tamil Nadu Prevention of Dangerous Activities of

Bootleggers, Cyber law offenders, Drug-offenders, Forest-

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H.C.P.No.484 of 2023

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 in spite of the fact that the bail petitions

moved by the detenu in the previous case and ground case

were dismissed, the detaining authority has come to the

conclusion that there is an imminent possibility of the detenu

coming out on bail, which reflects non-application of mind.

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. '

2. The aforementioned order made in the 30.03.2023

Admission listing shall be read as an integral part and parcel of this

order which means that the short forms, short references and

abbreviations used in the order in the Admission listing shall be

used in the instant order also.

3. There are three adverse cases. The ground case which

constitutes substantial part of substratum of the impugned

preventive detention order is Crime No.0