Allowed

A.Santhanam v. The Principal Secretary to Government

Madras HC21 Jan 2025HCP(MD)/1048/2024

Case brief

AI extract

What is this about?

In this habeas corpus petition, the Madurai Bench of the Madras High Court examined the detention of the petitioner's son as a drug offender. The court noted an unexplained four-day delay in the authorities considering a representation seeking revocation of detention. Holding the continued detention illegal in light of this delay, the court ordered the detenue's release.

What did the court decide?

The Habeas Corpus Petition was allowed. The detenue was directed to be set at liberty forthwith unless his detention was otherwise warranted by law.

A.Santhanam Vs The Principal Secretary… — Constitutional and Fundamental Rights | Madras HC (2025)

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H.C.P.(MD)No.1048 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 21.01.2025

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MS.JUSTICE R.POORNIMA

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H.C.P.(MD)No.1048 of 2024

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A.Santhanam ... Petitioner / Mother of the Detenue

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Vs.

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1.State of Tamil Nadu,

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Rep. by its the Principal Secretary to Government, Government of Tamil Nadu, Home Prohibition & Excise Department,

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Chennai-9.

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

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Theni.

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3.The Superintendent, Central Prison, Madurai. ... Respondents

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PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to call for the records pertaining to the proceedings of the second respondent made in his proceedings in Detention Order No.37 of 2024, dated 08.07.2024 and

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https://www.mhc.tn.gov.in/judis

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H.C.P.(MD)No.1048 of 2024

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quash the same and set the petitioner's son by name Karthikeyan S/o.Ramar aged about 23 years at liberty from Central Prison, Madurai / third respondent.

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For Petitioner : Mr.M.Jegadeesh Pandian For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor.

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O R D E R

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(Order of the court was delivered by G.R.Swaminathan, J.)

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Heard both sides.

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The petitioner's son was detained as “Drug Offender” vide order

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dated 08.07.2024 by the second respondent. The representation dated 03.08.2024 was submitted seeking its revocation.

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The Under Secretary dealt with the file on 08.08.2024.

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However, the Deputy Secretary dealt with the file on 16.08.2024. We

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notice that there is an unexplained delay of four days in considering the representation.

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https://www.mhc.tn.gov.in/judis

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H.C.P.(MD)No.1048 of 2024

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4.In this view of the matter, we hold that the detenue's continued

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detention is illegal. He shall be set at liberty forthwith unless his detention is otherwise warranted by law.

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5.This Habeas Corpus Petition is allowed accordingly.

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(G.R.S. J.,) & (R.P. J.,) 21.01.2025

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NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi

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Note:Issue Order Copy on 22.01.2025.

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To:-

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1.The Principal Secretary to Government, Government of Tamil Nadu, Home Prohibition & Excise Department,

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Chennai-9.

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

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Theni.

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3.The Superintendent, Central Prison,

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Madurai.

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https://www.mhc.tn.gov.in/judis

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H.C.P.(MD)No.1048 of 2024

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4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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https://www.mhc.tn.gov.in/judis

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H.C.P.(MD)No.1048 of 2024

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G.R.SWAMINATHAN, J. and R.POORNIMA, J.

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rmi

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H.C.P.(MD)No.1048 of 2024

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21.01.2025

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https://www.mhc.tn.gov.in/judis

A.Santhanam v. The Principal Secretary to Government

Case brief

What is this about?

What did the court decide?

A.Santhanam v. The Principal Secretary to Government

Case brief

What is this about?

What did the court decide?

What the court decided

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