Sajitha v. State Rep by
Case brief
What is this about?
Mother challenged preventive detention of her son as a 'Drug Offender' under the Tamil Nadu Act 14 of 1982. The Court found an unexplained delay of over two months between arrest and the detention order, quashed the detention order and directed the detenu's release.
What did the court decide?
Detention order dated 16.01.2024 in Cr.M.P.No.06/2024 set aside; detenu Mohammed Jasir directed to be set at liberty forthwith unless required in any other case.
What the court decided
H.C.P.No.184 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2024
CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN
H.C.P.No.184 of 2024
Sajitha
... Petitioner
Vs.
1.The Secretary to the Government Home, Prohibition and Excise Department Fort St. George Secretariat, Chennai – 600 009 2.District Magistrate and District Collector of The Nilgiris District, Udhagamandalam
3.The Superintendent of Police The Nilgiris District, Udhagamandalam
4.The Superintendent of Prison Central Prison Coimbatore
Issues for consideration
1 issue framed by the court
Whether the inordinate unexplained delay between the detenu's arrest on 31.10.2023 and the detention order dated 16.01.2024 snapped the live link and vitiated the detention?
Parties & counsel
- petitioner
Sajitha
- respondent
The Secretary to the Government Home, Prohibition and Excise Department
- respondent
District Magistrate and District Collector of The Nilgiris District
- respondent
The Superintendent of Police, The Nilgiris District
- respondent
The Superintendent of Prison, Central Prison Coimbatore
Case details
As recorded by the court registry
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