Amala Vs the Additional Chief Secretary

1.The Additional Chief Secretary to Government, Government of Tamil Nadu, Home, Prohibition & Excise Department, Secretariat, Fort St.George, Chennai – 600 009.

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2.The Commissioner of Police, Avadi City, Office of the Commissioner of Police, (Goondas Section) Avadi, Chennai, Tamil Nadu – 600 054.

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3.The Superintendent, Central Prison, Puzhal, Chennai, Tamil Nadu – 600 066.

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4.The Inspector of Police, T-3, Korattur Police Station, Chennai, Tamil Nadu – 600 099.

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... Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, or any other appropriate writ order or direction in the nature of writ, calling for the records pertaining to the order of detention passed by the Second Respondent herein and made in BCDFGISSSV-No.172/2024 dated 02.10.2024, and to set aside the same and directing Third Respondent to produce the detenue, the Petitioner's Son, Appanraj @ Appan, S/o.Ravi, Male aged about 40 years, now confined in Central Prison, Puzhal, Chennai before this Hon'ble Court and thereby setting him at liberty

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For Petitioner : Mr.M.Arivendan For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor

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ORDER

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(Order of the Court was made by S.M.SUBRAMANIAM, J. )

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The order of detention passed by the second respondent in BCDFGISSSV-

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No.172/2024 dated 02.10.2024 is sought to be quashed in the present Habeas Corpus Petition.

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Heard the learned counsel for the petitioner, as well as the learned Additional Public Prosecutor appearing for the respondents.

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Four adverse cases are relied on for invoking Act 14 of 1982. The first adverse case was registered in the year 2021 and the second and third cases are registered in the year 2022, 2023 respectively. Two adverse cases are registered under NDPS Act and other two cases are registered under I.P.C. The ground case was registered in Crime No.678/2024 under Sections 126(2), 296(b), 115(2), 309(6), 311, 125, 324(2), 351(3) Bharatiya Nyaya Sanhita, 2023.

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The facts reveal in the ground case would be insufficient to form an opinion that there is likelihood of breach of public order. The adverse cases can be dealt with by the Police authorities under the ordinary law and by following the procedures. Preventive Detention in the present case may not be required and therefore, the respondents shall proceed with the criminal case registered in the manner known to law.

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5.Accordingly, the impugned order of detention passed by the second respondent in BCDFGISSSV-No.172/2024 dated 02.10.2024 is quashed and the Habeas Corpus Petition stands allowed .

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