Madras High Court
Ammalu vs The State Of Tamil Nadu Rep. By on 5 June, 2015
Bench: A.Selvam, V.S.Ravi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.06.2015
CORAM
THE HONOURABLE MR.JUSTICE A.SELVAM
and
THE HONOURABLE MR.JUSTICE V.S.RAVI
HABEAS CORPUS PETITION(MD)No.123 of 2015
Ammalu .. Petitioner
Vs.
1.The State of Tamil Nadu rep. By
Secretary to Government,
Home, Prohibition and Excise Department,
Fort St. George,
Chennai ? 600 009.
2.The District Collector and
District Magistrate,
Thanjavur District,
Thanjavur.
3.The Inspector of Police,
Pattukkottai P.E.W.,
Pattukkottai,
Thanjavur District. .. Respondents
Habeas Corpus Petition is filed under Article 226 of the Constitution
of India praying to issue a Writ of Habeas Corpus to call for the records
relating to the Detention Order passed by the second respondent in
P.D.No.04/2015 dated 17.01.2015 and to quash the same and direct the
respondents to produce the body of the detenu, Ayyadurai, Son of Manickam,
aged about 51 years, before this Court and set him at liberty, now detained
at Central Prison, Trichy and pass such further or other orders.
!For Petitioner : Mr.S.Deenadhayalan
^For Respondents : Mr.C.Ramesh,
Addl.Public Prosecutor
:ORDER
(Order of the Court was made by A.SELVAM, J) This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India praying to call for records relating to detention order passed in P.D.No.04/2015 dated 17.01.2015 by the detaining authority, who has been arrayed as second respondent herein against the detenu by name Ayyadurai, Son of Manickam and quash the same and thereby set him at liberty forthwith.
2.The Inspector of Police, Pattukkottai Prohibition Enforcement Wing as sponsoring authority has submitted an affidavit to the detaining authority, wherein it is stated that the detenu has involved in the following adverse cases:
(i)Crime No.666 of 2014, Pattukkottai Prohibition Enforcement Wing registered under Section 4(1)(a) of Tamil Nadu Prohibition Act, 1937.
(ii)Crime No.788 of 2014, Pattukkottai Prohibition Enforcement Wing registered under Section 4(1)(a) of Tamil Nadu Prohibition Act, 1937.
3.Further it is stated in the affidavit that on 20.12.2014, the concerned Inspector of Police has made vehicle check-up and intercepted a vehicle bearing Registration No.TN-76-Z-6260 and searched the same and found 240 bottles of Day Night brandy without licence and consequently a case has been registered in Crime No.847 of 2014 under Sections 4(1)(aaa) and 4(1-A) of Tamil Nadu Prohibition Act, 1937 and ultimately requested the detaining authority to invoke Act 14 of 1982 against the detenu.
4.The detaining authority viz., second respondent herein after considering the averments made in the affidavit and other connected documents has derived subjective satisfaction to the effect that the detenu is a habitual offender and ultimately branded him as 'Foot-Legger' by way of passing the impugned detention order and in order to quash the same, the present Habeas Corpus Petition has been filed by the wife of the detenu as petitioner.
5.On the side of the respondents a detailed counter has been filed, wherein it has been contended to the effect that all the averments made in the petition are false and ultimately prayed to dismiss the same.
6.The learned counsel appearing for the petitioner has contended that on the side of the detenu two representations are submitted and the same have not been disposed of without delay and therefore the detention order in question is liable to be quashed.
7.The learned Additional Public Prosecutor has contended that the representations submitted on the side of the detenu are duly disposed of without delay and therefore the detention order in question need not be quashed.
8.On the side of the respondents, a proforma has been submitted wherein it has been clearly stated that with regard to first representation in between Column Nos.7 to 9, six clear working days are available and in between Column Nos.12 and 13, nine clear working days are available and with regard to second representation in between Column Nos.7 to 9, seven clear working days are available and in between Column Nos.12 and 13, five clear working days are available and no explanation has been given on the side of the respondents with regard to such delay in disposing of the representations submitted on the side of the detenu and that itself would affect his rights guaranteed under Article 22(5) of the Constitution of India and therefore the detention order in question is liable to be quashed.
9.In fine, this Habeas Corpus Petition is allowed and the detention order passed in P.D.No.04/2015 dated 17.01.2015 by the second respondent/detaining authority is quashed and consequently the respondents are directed to set the detenu viz., Ayyadurai, Son of Manickam at liberty forthwith, unless he is required to be incarcerated in connection with any other case.
To
1.The Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai ? 600 009.
2.The District Collector and District Magistrate, Thanjavur District, Thanjavur.
3.The Inspector of Police, Pattukkottai P.E.W., Pattukkottai, Thanjavur District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.