H.C.P.No.606 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR

and

THE HONOURABLE MR.JUSTICE R.SAKTHIVEL

H.C.P.No.606 of 2023

S.Jayasudha

W/o.A.Sakthivel

.. Petitioner

Vs.

1.

State of Tamil Nadu

Rep. by the Additional Chief Secretary to Government

Home, Prohibition and Excise Department

Fort St.George, Chennai-600 009.

2.

The Commissioner of Police

Tambaram City

Office of the Commissioner of Police

Sholinganallur, Chennai-600 119.

3.

The Superintendent of Prison

Central Prison, Puzhal,

Chennai-600 066.

4.

The Inspector of Police

PEW, Guduvanchery Unit

Chengalpattu District.

..Respondents

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H.C.P.No.606 of 2023

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

issuance of a writ order or direction in the nature of WRIT OF HABEAS

CORPUS, to call for the records relating to the detention order in Memo No.

12/BCDFGISSSV/2023 dated 24.03.2023 passed by the 2nd respondent

under Tamil Nadu Act 14 of 1982 and set aside the same and direct the

respondents to produce the petitioner's husband A.Sakthivel,

S/o.Arunachalam aged about 40 years the detenu, now confined in Central

prison, Puzhal, Chennai before this Hon'ble court and set the petitioner's

Husband A.Sakthivel S/o.Arunachalam aged about 40 years the detenu

herein at liberty.

For Petitioner

:

Mr.S.Senthilvel

representing Mr.S.Prem Kumar

For Respondents

:

Mr.E.Raj Thilak

Additional Public Prosecutor

O R D E R

[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

24.04.2023, this Court made the following order:

'H.C.P.No.606 of 2023

M.SUNDAR, J.,

and

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H.C.P.No.606 of 2023

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 10.04.2023 inter alia assailing a detention

order dated 24.03.2023 bearing reference BCDFGISSSV

No.12/2023 made by 'second respondent' [hereinafter

'Detaining Authority' for the sake of convenience and

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

Authority.

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

3. Mr.S.Prem Kumar, 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)(a), 4(1-A) of Tamil Nadu

Prohibition Act, 1937 (Transporting) and Sections 468 and

471 of 'The Indian Penal Code (45 of 1860)' [hereinafter

'IPC' for the sake of convenience and clarity] read with Rules

7 and 11 of Rectified Spirit Rules, 2000 in Crime No.56 of

2023 on the file of Guduvanchery 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.606 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 arrest intimation was not properly sent to the

family members of the detenu.

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

Issue Rule nisi returnable by four weeks.

7.

Mr.E.Raj Thilak, learned Additional Public

Prosecutor, State of Tamil Nadu accepts notice for all

respondents. List the captioned Habeas Corpus Petition

accordingly.'

2. The aforementioned Admission Board order captures essentials that

are imperative for apprec