HCP(MD)No.1383 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 11.12.2023

CORAM :

THE HONOURABLE MR.JUSTICE M.SUNDAR

and

THE HONOURABLE MR.JUSTICE R.SAKTHIVEL

HCP(MD)No.1383 of 2023

Valliyammal

... Petitioner /

mother of the detenu

vs.

1. The Principal Secretary to the Government,

Home, Prohibition and Excise Department,

Fort St.George,

Secretariat, Chennai – 600 009.

2. The Deputy Inspector General of Police and

Commissioner of Police,

(Tirunelveli Range)

O/o.Commissioner of Police, Tirunelveli City.

3. The Inspector of Police,

Palayamkottai Police Station,

Tirunelveli City.

(Crime No.1034/2023)

4.The Superintendent of Prison,

Central Prison, Palayamkottai,

Tirunelveli City.

... Respondents

Petition filed under Article 226 of the Constitution of India praying

for issuance of a Writ of Habeas Corpus, calling for the records relating

to the detention order passed in No.46/BCDFGISSSV/2023 dated

27.09.2023 on the file of the second respondent herein and quash the

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HCP(MD)No.1383 of 2023

same and direct the respondents to produce the detenu or body of the

detenu namely Baskar, aged about 22 years, S/o. Murugan, now detained

as 'GOONDA' at Central Prison, Palayamkottai before this Court and set

him at liberty forthwith.

For Petitioner

: Mr.A.Mohamed Hashim

For Respondents

: Mr.A.Thiruvadi Kumar

Additional Public Prosecutor

O R D E R

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

1.

This Habeas Corpus Petition [henceforth referred to as

'HCP' for the sake of brevity] has been presented in this Court on

06.11.2023 by mother of the detenu praying to quash 'the detention order

dated 27.09.2023' [henceforth referred to as 'impugned order' for the sake

of brevity] passed by 'second respondent' [henceforth referred to as

'detaining authority' for the sake of clarity and convenience] bearing

reference No.46/BCDFGISSSV/2023.

2.

When the matter came up before this Court 'FOR

ADMISSION' on 10.11.2023, learned counsel for HCP petitioner raised a

point that respondents have not furnished the booklet containing all the

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HCP(MD)No.1383 of 2023

supporting documents within 5 days as stipulated under Section 8(1) 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)' [henceforth referred to as 'Act 14 of 1982' for the sake of brevity,

clarity and convenience]. This Court deems fit and necessary to

reproduce the Admission Board order dated 10.11.2023 hereunder:

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HCP(MD)No.1383 of 2023

3.

Today, in the final hearing Board, learned counsel for HCP

petitioner elaborated his argument and submitted that the detaining

authority has passed the impugned order on 27.09.2023; that the detenu

has been arrested on 28.09.2023 in pursuance of the impugned order and

that the grounds booklet has been served upon the detenu only on

12.10.2023. Further, learned counsel for HCP petitioner drew attention of

this Court to Section 8 of Act 14 of 1982 which reads as follows:

'8. (1) When a person is detained in pursuance of a

detention order, the authority making the order shall, as

soon as may be, but not later than five days from the date

of detention, communicate to him the grounds on which

the order has been made and shall afford him the earliest

opportunity of making a representation against the order

to the State Government.

(2) Nothing in sub-section (1) shall require the

authority to disclose facts which it considers to be against

the p