Dismissed

K.Devamani v. Union of India

Madras HC9 Jul 2021WP/19973/2020

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition alleging illegal release of an narcotics possessor by the petitioner. Considering an inquiry revealed anomalies against police and the petitioner's unenviable record, the court held no further action was required on the petition against the Home Secretary, DGP, and others.

What did the court decide?

No further action required on the petition; no costs awarded.

K.Devamani Vs Union of India — Narcotics (NDPS) | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 09.07.2021

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CORAM :

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THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

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W.P.No.19973 of 2020

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K.Devamani .. Petitioner Vs

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1 The Union of India rep by the Home Secretary to Govt. of Puducherry Chief Secretariat, Goubert Avenue Pondichery - 605001.

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2 The Director General of Police Police Department Pondicherry - 605 001.

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3 The Senior Superintendent of Police Police Department Karaikal.

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4 The District Collector Karaikal.

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5 The Station House Officer Neravy Police Station, Karaikal.

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6 Veeravallaban

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7 M.Selvaraj .. Respondents

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(R7 impleaded vide order dated

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20.1.2021 made in WMP.No.1007/2021)

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Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the first and second respondents to dispose of the petitioner's representation dated 18.10.2020 and pass necessary orders with regard to the complaint raised against the act of 6th respondent releasing the accused without registering FIR who was secured by the Neravy police for carrying commercial quantity of cannabis.

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https://hcservices.ecourts.gov.in/hcservices/

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For Petitioner : Mr.R.Sreedhar

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For Respondents

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: Mr.Bhaktha Chakravarthy P.P (Puducherry) for respondents 1 to 5

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ORDER

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(Order of the Court was made by the Hon'ble Chief Justice)

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A counter-affidavit has been filed by the third respondent and a counter-affidavit has also been filed by the sixth respondent.

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The matter pertains to the alleged illegal release of a person in possession of drugs.

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According to the petitioner, the seventh respondent was apprehended by Puducherry police and was found to be in possession of a huge quantity of cannabis, but the sixth respondent interfered and ensured that the added seventh respondent was allowed to go scot-free.

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The affidavit of the third respondent reveals that such respondent conducted an inquiry. As to what the third respondent discovered in course of the inquiry has been detailed in the counter-affidavit. According to the third respondent, the CCTV footages available at Neravy police station, Karaikal, on August 26 and 27, 2020 were not available since the data is preserved for ten days only.

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Paragraph 10 of the counter-affidavit of the third respondent indicates that there are 42 cases pending against the present petitioner and elsewhere the affidavit refers to the present petitioner having been arrested on several occasions. However, the third respondent, in course of the inquiry, discovered certain anomalies and steps have been taken against a Sub Inspector and he has been suspended.

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In view of the action taken by the relevant authorities pursuant to the receipt of the petition and considering the unenviable record of the present petitioner, no further action need be taken on the petition.

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It is, however, hoped that whatever was found remiss in course of the inquiry will be remedied as expeditiously as possible.

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W.P.No.19973 of 2020 is disposed of. There will be no

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https://hcservices.ecourts.gov.in/hcservices/

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order as to costs. Consequently, W.M.P.Nos.24653 of 2020 and 10480 of 2021 are closed.

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Sd/-

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Assistant Registrar(CS VI)

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//True Copy//

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Sub Assistant Registrar

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bbr

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1 The Home Secretary to Govt. of Puducherry Union of India Chief Secretariat, Goubert Avenue

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Pondichery - 605001.

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2 The Director General of Police

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Police Department

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Pondicherry - 605 001.

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3 The Senior Superintendent of Police Police Department

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Karaikal.

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4 The District Collector

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Karaikal.

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5 The Station House Officer Neravy Police Station, Karaikal.

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W.P.No.19973 of 2020

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SR II(CO) B.VC(05.08.2021)

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https://hcservices.ecourts.gov.in/hcservices/

K.Devamani v. Union of India

Case brief

What is this about?

What did the court decide?

K.Devamani v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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