Madras High Court
Gayathiri vs State Of Tamil Nadu Rep. By on 20 August, 2024
Author: S.M.Subramaniam
Bench: S.M.Subramaniam, V.Sivagnanam
HCP.No.1676 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.08.2024
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
H.C.P.No.1676 of 2024
Gayathiri ... Petitioner
Vs.
1.State of Tamil Nadu rep. By
The Secretary to Government,
Home, Prohibition and Excise (XVI) Department,
Fort St.George, Chennai-600 009.
2.The District Magistrate
and District Collector,
Office of the District Collector, Nilgiris District.
3.The Superintendent of Police,
Office to the Superintendent Police,
Nilgiris District.
4.The Superintendent of Prison,
Central Prison at Coimbatore,
Gandhipuram, Coimbatore – 18.
5.The Inspector of Police,
Upper Coonoor Police Station,
Nilgiris District. ... Respondents
Page 1 of 6
https://www.mhc.tn.gov.in/judis
HCP.No.1676 of 2024
PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Habeas Corpus, to call for the entire records in Detention
order in Crl.M.P.No 11/2024 Drug Offender dated 20.06.2024 on the file of
the 2nd respondent and set aside the same direct the respondents herein to
produce the body of the husband of petitioner/detenue Immanuel Felix S/o
Arokianathan aged 27 years now confined in Central Prison at Coimbatore
before this Court and set him at liberty
For Petitioner : Ms.R.Subadra Devi
For Respondents : Mr.E.Raj Thilak
Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The petitioner herein is the son of the detenu viz., Immanuel Felix S/o Arokianathan aged 27 years now confined in Central Prison at Coimbatore, has come forward with this petition challenging the detention order passed by the second respondent in Crl.M.P.No 11/2024 Drug Offender dated 20.06.2024.
2. Heard the learned counsel for the petitioner, as well as the learned Page 2 of 6 https://www.mhc.tn.gov.in/judis HCP.No.1676 of 2024 Additional Public Prosecutor appearing for the respondents.
3.The reasons stated in the impugned order reads as follow, “However, I am also aware it is real possibility he has coming out bail in the above case by filing a bail petition before the concerned court of law in future. In a similar case registered by the Inspector of Police, Thiruppur Central Police Station in Crime No.129 of 2020 under Sections 8(c) r/w20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985, the bail was granted to the accused Thiru. Amir alias Amirthalingam by the Hon'ble Special Court of Essential Commodities Act Case Coimbatore in CMP.No.115/2020, Dated 29.06.2020. Because, it has been revealed that under section 437 of the Criminal Procedure Code if the arrested person committed non bailable offences, it shall be on consideration about the offence committed the person, he may be released on bail till the period of consideration. Accordingly if he comes out on bail again he will indulge in such activities and it has been confirmed that on knowing him it is offence he did it. The normal criminal law will not have the desired effect of effectively preventing him from indulging in such activities, which are prejudicial to the maintenance of Page 3 of 6 https://www.mhc.tn.gov.in/judis HCP.No.1676 of 2024 Public Order and Health. On the materials placed before me, I am satisfied that the said Thiru. Immanuel Felix is a "Drug Offender" and there is a compelling necessity to detain him in custody under the Tamil Nadu Act 14 of 1982 in order to prevent him from indulging in such further activities in future which are prejudicial to the maintenance of public order and health under section 3(1) of the Tamil Nadu Act 14 of 1982 and G.O. (D) No.107, Home, Prohibition and Excise (XVI) Department dated 15.04.2024 as per the exercise of the powers delegated to me.”
4.The similar case referred in the detention order about Crime No.129 of 2020 is a case where the mandatory bail has been granted. The specific observation made in the detention order would reveal that Detaining Authority failed to apply his mind with reference to the requirement under Act 14 of 1982, warranting invocation of Act 14 of 1982.
5. Accordingly, the detention order passed by the second respondent in Crl.M.P.No 11/2024 Drug Offender dated 20.06.2024, is hereby set aside and the Habeas Corpus Petition is allowed. The detenu viz., Immanuel Page 4 of 6 https://www.mhc.tn.gov.in/judis HCP.No.1676 of 2024 Felix S/o Arokianathan aged 27 years now confined in Central Prison at Coimbatore, is directed to be set at liberty forthwith, unless his confinement is required in connection with any other case.
[S.M.S., J.] [V.S.G., J.]
20.08.2024
Index: Yes/No
Internet:Yes/No
Neutral Citation: Yes/No
gd
S.M.SUBRAMANIAM, J.
AND
V.SIVAGNANAM, J.
Page 5 of 6
https://www.mhc.tn.gov.in/judis HCP.No.1676 of 2024 gd To 1The Secretary to Government, Home, Prohibition and Excise (XVI) Department, Fort St.George, Chennai-600 009.
2.The District Magistrate and District Collector, Office of the District Collector, Nilgiris District.
3.The Superintendent of Police, Office to the Superintendent Police, Nilgiris District.
4.The Superintendent of Prison, Central Prison at Coimbatore, Gandhipuram, Coimbatore – 18.
5.The Inspector of Police, Upper Coonoor Police Station, Nilgiris District.
6.The Public Prosecutor, Madras High Court.
H.C.P.No.1676 of 202420.08.2024 Page 6 of 6 https://www.mhc.tn.gov.in/judis