Madras High Court
Ilayaraj @ Rocket Raja @ Raja vs The Additional Chief Secretary To ... on 28 April, 2018
Author: C.T.Selvam
Bench: C.T.Selvam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.04.2018
CORAM
THE HONOURABLE Mr. JUSTICE C.T.SELVAM
and
THE HONOURABLE Mr. JUSTICE A.M.BASHEER AHAMED
H.C.P.(MD)No.323 of 2018
Ilayaraj @ Rocket Raja @ Raja
... Petitioner
Vs.
1.The Additional Chief Secretary to Government,
State of Tamil Nadu,
Home, Prohibition and Excise Department,
Fort St.George, Chennai - 600 009.
2.The District Collector and District Magistrate,
Office of the District Collector and District Magistrate,
Ramanathapuram District.
3.The Superintendent of Prison,
Madurai Central Prison,
Madurai District. ... Respondents
PRAYER: The petition filed under Article 226 of the Constitution of India,
calling for the entire records, connected with the detention order of the
respondent No.2 in Cr.M.P.No.09/D.O/2018, dated 20.02.2018 and quash the same
and direct the respondents to produce the body or person of the detenu by
name Ilayaraj @ Rocket Raja @ Raja, son of Gopal, aged about 31 years, now
detained at Madurai Central Prison before this Court and set him at liberty
forthwith.
!For Petitioner : Mr.R.Alagumani
^For Respondents : Mr.V.Neelakandan
Additional Public Prosecutor
:ORDER
(Order of the Court was made by C.T.SELVAM,J.) The petitioner is the detenu - Ilayaraj @ Rocket Raja @ Raja, son of Gopal, aged about 31 years. The detenu has been detained by the second respondent by his order in Cr.M.P.No.09/D.O/2018, dated 20.02.2018, holding him to be a "Drug Offender", as contemplated under Section of 2(e) of the Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.
2.We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents. We have also perused the records produced by the Detaining Authority.
3. Though several grounds have been raised in the Habeas Corpus Petition, the learned counsel for the petitioner would mainly focus his argument on the ground that the detenu, in this case, was arrested on 08.01.2018, whereas the detention order was passed on 20.02.2018, i.e., with an inordinate delay, which, according to the learned counsel, vitiates the order of detention.
4. We have also heard the submissions made by the learned Additional Public Prosecutor on the above said contentions raised on behalf of the petitioner.
5.As rightly contended by the learned counsel appearing for the petitioner, in this case, the detenu was arrested on 08.01.2018, whereas the detention order was passed on 20.02.2018, i.e., with an inordinate delay. The inordinate delay in passing the order of detention remains unexplained. Thus, on this sole ground alone, the impugned order of detention is liable to be set aside.
6.In the result, the Detention Order, passed by the second respondent, in his proceedings in Cr.M.P.No.09/D.O/2018, dated 20.02.2018, is quashed. The detenu, namely, Ilayaraj @ Rocket Raja @ Raja, son of Gopal, aged about 31 years, is ordered to be set at liberty forthwith, if his detention is not required in connection with any other case.
7.In the upshot, we allow the Habeas Corpus Petition.
To
1.The Additional Chief Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.
2.The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Ramanathapuram District.
3.The Superintendent of Prison, Madurai Central Prison, Madurai District.
4.The Joint Secretary, Public (Law and Order) Department, Secretariat, Chennai - 600 009.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
.