Research › Search › Judgment

Madras High Court · body

2014 DIGILAW 1250 (MAD)

Amul v. State of Tamil Nadu, Rep. by its Secretary to Government

2014-06-11

G.CHOCKALINGAM, V.DHANAPALAN

body2014
Judgment : V. Dhanapalan, J. 1. The petitioner is the daughter of the detenue's younger sister. The detenue has been branded as a "Drug Offender" as contemplated under Tamil Nadu Act 14 of 1982 and detained under the order of the second respondent passed in BDFGISSV No.1405 of 2013 dated 22.10.2013. 2. The detenue came to adverse notice in the following cases:- Sl.No. Police Station and Crime No. Sections of Law 1. B.3 Fort Police Station, Crime No.12/2012 4(1)a r/w 4(1-A) of TNP Act. 2. B.3 Fort Police Station, Crime No. 49 of 2012 4(1)a r/w 4(1-A) of TNP Act. 3. B.3 Fort Police Station Crime No.50/2013. 4(1)a r/w 4(1-A) of TNP Act. The ground case alleged against the detenue is one registered on 16.10.2013 by the Inspector of Police, B.3 Fort Police Station in Crime No.109 of 2013 for the offences under Sections 8(c) r/w 20(b) of NDPS Act. Aggrieved by the order of detention, the present petition has been filed. 3. Amidst several grounds raised, learned counsel appearing for the petitioner mainly focused his argument on the ground that when there is no bail application filed on behalf of the detenue, nor by the relatives of the detenue in Crime No.109 of 2013, there is no imminent possibility of her being released on bail and therefore, the impugned order has been passed without any supporting material. Learned counsel has further submitted that in the special report, the sponsoring authority has not stated anything in this regard. For the above reasons, the impugned order of detention is liable to be quashed. 4. We have heard the learned Additional Public Prosecutor on the above point, who submits that the detenue is involved in serious offences and technical lapses cannot be the ground to quash the detention order. 5. On a careful scrutiny of the impugned order, it is seen that the detaining authority, taking into account the imminent possibility of the detenue being enlarged on bail in Crime No.109 of 2013 and the likelihood of the same is prejudicial to the public order and health, has passed the impugned detention order. 5. On a careful scrutiny of the impugned order, it is seen that the detaining authority, taking into account the imminent possibility of the detenue being enlarged on bail in Crime No.109 of 2013 and the likelihood of the same is prejudicial to the public order and health, has passed the impugned detention order. A close reading of the entire booklet would show that the detaining authority has taken a decision to detain the detenue on the presumption that the relatives of the accused are taking steps to bail her out by filing application in respect of Crime No.109 of 2013 (adverse case), whereas in the special report found at Page Nos.69 of the booklet, the sponsoring authority has not stated anything in this regard. Therefore, the detention order has been passed without any valid material, which shows clear non application of mind on the part of detaining authority in arriving at such conclusion. Thus, for the reasons stated herein-above, the impugned detention order cannot be sustained. 6. Accordingly, the impugned detention order passed by the second respondent, detaining the detenue, namely, Kala, S/o.Egambaram, made in BDFGISSV No.1405/2013 dated 22.10.2013 is quashed and the Habeas Corpus Petition is allowed. The above named detenue, who is detained in the Special Prison for Women, Puzhal, Chennai, is ordered to be set at liberty forthwith, unless her custody is required in connection with any other case.