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2004 DIGILAW 932 (MAD)

Madalaimary v. State, rep. by its Secretary to Government, Prohibition & Excise Department & Another

2004-07-19

S.ASHOK KUMAR, V.KANAGARAJ

body2004
Judgment :- V. Kanagaraj, J. The wife of the detenu is the petitioner herein and he has come forward to file the above petition praying to issue a Writ of Habeas Corpus to call for the records relating to the order in C2/31828/2003 dated 27.6.2003 passed by the second respondent herein and quash the same as illegal and further direct the respondents to produce the detenu Anthonisamy @ Periyakannu, S/o.Mariyasoosai, who is now confined in the Central Prison, Cuddalore, before this Court and set him at liberty forthwith. 2. The detenu has been detained on the ground that he was a Boot-legger, under the relevant provisions of Tamil Nadu Act 14 of 1982. 3. Heard Mr. Abudu Kumar Rajarathinam, learned government advocate on the criminal side with no representation made on the part of the petitioner. 4. On a perusal of the records, we are able to find that the order of detention has been made as early as on 27.6.2003 itself and since the term of one year has lapsed from the said date, as on date, the said order of detention has become infructuous. In result, for the foregoing reason assigned, the above Habeas Corpus Petition is dismissed as infructuous.