H.C.P.No.1297 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.1297 OF 2023

Johnson Paulraj

S/o.David

..

Petitioner

VS

1.The Secretary to Government of Tamil Nadu

Home, Prohibition and Excise Department

Secretariat

Chennai – 600 009

2.Office of the District Magistrate and District Collector

Chengalpattu District

Chengalpattu

3.The Inspector of Police

Padalam Police Station

Chengalpattu District

4. The Superintendent of Police

Chengalpattu district

5. The Superintendent of Police

Central Prison, Puzhal

Chennai

..

Respondents

1/10

https://www.mhc.tn.gov.in/judis

H.C.P.No.1297 of 2023

PRAYER: 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 made in CPT No.26/2023 dated 27.03.2023 passed by the

Office of the District Magistrate and District Collector, Chengalpattu

District, Chengalpattu the second respondent herein and set aside the same

and direct the respondents to produce the detenu before this Court and set

the detenu Thru.Edwin, son of Pachaimal, aged 28 years, now confined at

Central Prison, Puzhal, Chennai at liberty.

For Petitioner

:

Mr.S.Senthilvel

for Mr.N.Sudharsan

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] came up for admission on 19.07.2023,

this Bench made the following order:

''H.C.P.No.1297 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

2/10

https://www.mhc.tn.gov.in/judis

H.C.P.No.1297 of 2023

Court on 10.07.2023 inter alia assailing a 'detention order

dated 27.03.2023 bearing reference CPT No.26/2023'

[hereinafter 'impugned preventive detention order' for the sake

of convenience and clarity] made by 'second respondent'

[hereinafter 'Detaining Authority' for the sake of convenience

and clarity]. To be noted, third respondent is the Sponsoring

Authority.

2. To be noted, paternal uncle of the detenu is the

petitioner.

3. Mr.N.Sudharsan, learned counsel on record for

habeas corpus petitioner is before us. Learned counsel for

petitioner submits that ground case qua the detenu is registered

for an alleged offence under Section 302 of 'Indian Penal

Code, 1860 (Act 45 of 1860)' ['IPC' for brevity] in Crime

No.256 of 2022 on the file of Padalam Police Station.

4. The aforementioned impugned preventive detention

order has been made on the premise that the detenu is a

'Goonda' under Section 2(f) 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 impugned preventive detention order has been

assailed inter alia on the ground that 'live and proximate link'

3/10

https://www.mhc.tn.gov.in/judis

H.C.P.No.1297 of 2023

between the grounds of detention and purpose of detention has

snapped as date of arrest in the ground case is 08.02.2023 but

the impugned detention order has been made only on

27.03.2023.

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 appreciating this order an