S. R. Ganesan v. State rep. , by its, Principal Secretary to Government, Food and Consumer Protection Department, Chennai
2020-07-09
N.KIRUBAKARAN, V.M.VELUMANI
body2020
DigiLaw.ai
JUDGMENT : N. Kirubakaran, J. (Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the records in Detention Order in C3.D.O.No.21 of 2020 dated 20.02.2020 on the file of the 3rd Respondent herein and set aside the same direct the Respondents herein to produce the body of the my husband namely the detenu Thiru Raman @ Ramachandran aged 49 years Son of Mani the detenu herein before the Hon’ble Court, now confined in Central Prison at Vellore (4th Respondent herein) and set him at liberty.) The matter was heard through ‘Video Conferencing’. 2. The Petitioner is the friend of the detenu and has filed this petition challenging the detention order passed against the detenu in C3.D.O.No.21 of 2020 dated 20.02.2020 by the third respondent, branding him as ‘Black Marketer’. 3. Heard Mr.M.Mohamed Saifulla, learned Counsel appearing for the Petitioner and Mr.R.Prathap Kumar, learned Additional Public Prosecutor appearing for the Respondents. 4. As it is seen from the records that illegible copy of the quality certificate has been served upon the detenu, the detention order is vitiated and this petition has to be necessarily allowed. Accordingly, the detention order passed by the third respondent in C3.D.O.No.21 of 2020 dated 20.02.2020 is quashed and the Habeas Corpus Petition is allowed. 5. The detenu viz., Thiru Raman @ Ramachandran aged 49 years Son of Mani, who is detained at Central Prison at Vellore is directed to be set at liberty forthwith unless his presence is required in connection with any other case. Consequently, connected miscellaneous petition is closed.