High Court Madras High Court

John Fredrick Alexander vs State Of Tamil Nadu on 28 June, 2005

Madras High Court
John Fredrick Alexander vs State Of Tamil Nadu on 28 June, 2005
       

  

  

 
 
 IN THE HIGH COURT OF JUDICATURE AT MADRAS           

Dated: 28/06/2005 

Coram 

The Hon'ble Mr. Justice P.SATHASIVAM   
and 
The Hon'ble Mr. Justice AR.RAMALINGAM    

HCP.No.303 of 2005  

John Fredrick Alexander                        ... 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,
Kancheepuram District, Kancheepuram.    ... Respondents  


For Petitioner : Mr.C.C.Chellappan

For Respondents        : Mr.Abudu Kumar Rajarathinam, 
                Govt. Advocate (Crl. Side)


        Petition under Article 226  of  the  Constitution  of  India  for  the
issuance  of  Writ  of Habeas Corpus to call for the entire records related to
petitioner's detention under Tamil Nadu Act 14 of 1982 vide  detention  order,
dated  24.01.2005  on  the  file  of  the  second  respondent  herein  made in
proceedings BDFGISV  No.18  of  2005,  quash  the  the  same  as  illegal  and
consequently  direct  the  respondents  herein  to produce the said petitioner
namely John Fredrick Alexander before  this  Hon'ble  Court  and  set  him  at
liberty from detention.

:O R D E R 

(Order of the Court was made by P.SATHASIVAM, J.)

The petitioner, who was detained as ‘Goonda’, 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), by the impugned
proceedings dated 24.01.2005, challenges the same in this petition.

2. Learned counsel for the petitioner, after taking us through the
grounds of detention and all other connected materials, at the foremost
submitted that in the absence of imminent possibility or likelihood of the
detenu coming out on bail, the decision of the Detaining Authority, detaining
him under Tamil Nadu Act 14 of 1982, cannot be sustained.

3. In the light of the above submission, we have perused the grounds
of detention, particularly paragraph No.5 (i) & (ii). Though the Detaining
Authority was having necessary knowledge about the fact that the detenu was in
remand, after finding that his earlier bail applications were dismissed,
without necessary material, he has arrived at the conclusion that ” …..
There is a possibility of him filing another bail application and being
enlarged on bail. …” The said conclusion is not in consonance with the
dictum laid down in various decisions by the Supreme Court as well as this
Court, vide Kamarunnissa vs. Union of India (1991 (1) SCC 128 : 1991 SCC
(Cri) 88); Rivadeneyta Ricardo Augustin v. Government of Delhi (1994 SCC
(Cri) 354) & Order of this Court dated 27.06.2005 made in HCP No.284 of 2005.
On this ground, the impugned order of detention is liable to be set aside.

4. Accordingly, the Habeas Corpus Petition is allowed and the
impugned order of detention is set aside. 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. Secretary to Government, Prohibition and Excise Department, Fort St.
George, Chennai 600 009.

2. The District Magistrate and District Collector,
Kancheepuram District, Kancheepuram.

3. The Superintendent, Central Prison, Chennai.

(In duplicate for communication to detenu)

4. The Joint Secretary to Government, Public (Law and Order)
Fort St. George, Chennai-9.

5. The Public Prosecutor, High Court, Madras.