This is a habeas corpus petition challenging a detention order against the petitioner's son. The petitioner sought to quash the order and direct production and release. The Court noted that the detention order was already revoked by the Government and closed the petition without issuing any further writs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
H.C.P.No.874 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.11.2022
Coram
The Honourable Mr. Justice P.N.PRAKASH and
The Honourable Mr. Justice G.CHANDRASEKHARAN
H.C.P.No.874 of 2022
Malliga
.. Petitioner
Vs
Petition filed under Article 226 of the Constitution of India to
issue a writ of Habeas Corpus to call for the records in connection
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H.C.P.No.874 of 2022
with the order of detention passed by the second respondent dated 05.05.2022 in B3/D.O.No.23/2022 against the petitioner's son Gopi, aged 25 years, S/o.Gunasekaran, who is confined at the Central Prison, Salem and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty.
For Petitioner : Mr.D.Balaji
For Respondents : Mr.R.Muniyapparaj Addl. Public Prosecutor
ORDER
(Made by P.N.PRAKASH, J. )
The petitioner challenges the impugned order of detention in B3/D.O.No.23/2022 dated 05.05.2022 detaining her son as “Drug Offender”, as contemplated under Section 2(e) of the Tamil Nadu Act 14 of 1982.
The learned Additional Public Prosecutor reports that the order of detention passed against the detenu has been revoked by the Government by its order in G.O.Rt.No.3786, Home, Prohibition and
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H.C.P.No.874 of 2022
Excise (IX) Department, dated 24.06.2022 and he has also produced a copy of the Government Order. Recording the same, this Habeas
Corpus Petition stands closed.
(P.N.P., J.) (G.C.S., J.) 22.11.2022
Index: Yes/No nsd
To
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H.C.P.No.874 of 2022
P.N.PRAKASH, J. and G.CHANDRASEKHARAN, J.
nsd
H.C.P.No.874 of 2022
22.11.2022
Page 4 of 4
1 issue framed by the court
Whether the detention order against the petitioner's son, passed under Section 2(e) of Tamil Nadu Act 14 of 1982, is liable to be quashed by the Court given its subsequent revocation by the Government
2 provisions across 2 enactments
Malliga
The Secretary to the Government, Home, Prohibition and Excise Department
The District Collector and District Magistrate, Ranipet District
The Superintendent of Police, Ranipet District
The Superintendent of Prison, Central Prison, Salem
The Inspector of Police, Arakkonam Taluk Police Station
P.N.PRAKASH
G.CHANDRASEKHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
