IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 13/06/2006
Coram
The Hon'ble Mr. Justice P.SATHASIVAM
and
The Hon'ble Mr. Justice V.DHANAPALAN
Habeas Corpus Petition No.207 of 2006
Chinnadurai Petitioner
Vs.
1. State of Tamil Nadu
Rep. by its Secretary to Government,
Prohibition and Excise Department,
Fort St. George, Chennai 600 009.
2. The District Magistrate
and District Collector,
Tiruvannamalai District,
Tiruvannamalai. Respondents
Petition under Article 226 of the Constitution of India for the issuance of a
writ of Habeas Corpus to call for the entire records relating to petitioner's
detention under Tamil Nadu Act 14 of 1982 vide detention order dated
17.01.2006 on the file of the second respondent herein made in proceedings
D.O. No.03/2006 C2, quash the same as illegal, direct the respondents
herein to produce the said petitioner namely Chinnadurai before the Court and
set him at liberty from detention, now detained in Central Prison, Vellore.
!For Petitioner : Mr. C.C.Chellappan
^For Respondents : Mr. Mr.M.Babu Muthu Meeran,
Addl. Public Prosecutor.
:O R D E R
(Order of the Court was made by P.SATHASIVAM, J.)
The petitioner herein challenges the impugned order of detention dated
17.01.2006, detaining him as Bootlegger as contemplated under the Tamil Nadu
Prevention of Dangerous activities of Bootleggers, Drug Offenders, Forest
Offenders, Goondas, Immoral Traffic Offenders, Slum Grabbers and Video Pirates
Act, 1982 (Tamil Nadu Act 14 of 1982).
2. Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the respondents.
3. At the foremost, learned counsel appearing for the petitioner, by
drawing our attention to paragraph No.5(a) of the grounds of detention,
submitted that though the Detaining Authority has specifically referred to the
representation petition given by Tmt.Pathipooranam, sister of the detenu,
which was considered and rejected, in spite of the specific request made by
the detenu, copy of the same was not furnished to him, which vitiates the
detention order passed against the detenu.
4. With reference to the said contention, we verified paragraph No.5
(a) of the grounds of detention. In the said paragraph, after referring to
several details including the representation of Tmt.Jayakodi, mother of the
detenu, the Detaining Authority has also referred to the representation
petition given by Tmt.Pathipooranam, who is none else than the sister of the
detenu. It further shows that the said representation was duly examined and
considered by the Detaining Authority based on the remarks of the Sponsoring
Authority, and ultimately came to be rejected. No doubt, the same was duly
served to the person concerned. It is brought to our notice that, in the
representation dated 11.02.2006, the detenu has specifically requested the
Government to supply a copy of the representation made by her sister. The
said representation is available at page Nos.9 and 10 of the typed set filed
along with this Petition. In spite of the specific request for supply of copy
of the representation of Pathipooranam, it is not clear as to why the first
respondent has not furnished the same. Inasmuch as the Detaining Authority
has specifically referred to the representation of the sister of the detenu,
we are of the view that copy of the same ought to have been furnished to the
detenu in order to make further representation, if any. Failure to do so,
vitiates the order passed by the Detaining Authority.
5. Accordingly, the Habeas Corpus Petition is allowed and the impugned order
of detention is quashed. The detenu is directed to be set at liberty
forthwith from the custody unless he is required in some other case or cause.
JI.
To
1. The Secretary to Government, Prohibition and Excise Department, Fort St.
George, Chennai-600 009.
2. The District Magistrate and District Collector,
Tiruvannamalai District.
3. The Superintendent, Central Prison, Vellore.
(In duplicate for service on the detenu)
4. The Joint Secretary to Govt., Public (Law & Order),
Fort St. George, Chennai-9.
5. The Public Prosecutor, High Court, Madras.