Madras High Court
Benjamin Franklin vs The Principal Secretary To ... on 18 November, 2022
H.C.P(MD)No.1628 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.11.2022
CORAM
THE HON'BLE MR.JUSTICE M.S.RAMESH
AND
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
H.C.P.(MD)No.1628 of 2022
Benjamin Franklin .. Petitioner / Detenu
Vs
1. The Principal Secretary to Government,
Home, Prohibition and Excise Department,
Fort St.George, Secretariat,
Chennai-600 009.
2. The District Magistrate and District Collector,
Office of the District Magistrate and District Collector,
Dindigul District,
Dindigul.
3. The Superintendent of Prison,
Central Prison,
Madurai. .. Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Habeas Corpus, calling for the entire records relating to the
detention order made in Detention Order No.36/2022 dated 22.04.2022 by
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H.C.P(MD)No.1628 of 2022
the District Collector and District Magistrate, Dindigul District, Dindigul,
the second Respondent herein branding the detenu as “Drug Offender”and
to quash the same and direct the Respondents to produce the body or person
of the detenu by name, Benjamin Franklin, son of Arulraj, aged about 43
years, now confined at Central Prison, Madurai, before this Court and set
him at liberty.
For Petitioner : Mr.C.Mayilvahana Rajendran
For Respondents : Mr.A.Thiruvadi Kumar
Additional Public Prosecutor
ORDER
N. ANAND VENKATESH,J.
The petitioner is the detenu, viz, Benjamin Franklin, son of Arulraj,
aged about 43 years. The detenu has been detained by the second
respondent by his order in Detention Order No.36/2022 dated 22.04.2022
holding him to be a "Drug Offender", as contemplated under Section 2(e) of
Tamil Nadu Act 14 of 1982. The said order is under challenge in this
Habeas Corpus Petition.
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H.C.P(MD)No.1628 of 2022
2. Though several grounds have been raised in the Habeas Corpus
Petition, the learned counsel for the petitioner focussed his argument on the
ground, wherein, the detaining authority has taken into consideration the
fact that the accused, who are similarly placed, have been granted bail by
the competent Court.
3.The learned counsel for the petitioner submitted that the detaining
authority, without the availability of materials, cannot ipso facto satisfy
himself regarding the imminent possibility of the detenu coming out on bail,
merely on the ground that the accused, who are similarly placed have been
granted bail.
4.The learned counsel for the petitioner relied upon the judgment of
the Hon'ble Supreme Court in Rekha v. State of Tamil Nadu [(2011) 5
SCC 244] to substantiate his submission.
5. The learned Additional Public Prosecutor, on instructions,
submitted that the detenu was remanded to judicial custody on 06.01.2022
and the final report came to be filed on 21.04.2022 before the NDPS Court,
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H.C.P(MD)No.1628 of 2022
Madurai and the same has been taken on file in C.C.No.418/2022. It was
further submitted that the case is now posted for hearing on 23.12.2022.
6. The main ground that was urged by the learned counsel for the
petitioner is that the detaining authority, after being aware of the fact that
the bail petition filed by the detenu was dismissed, came to a conclusion
that there is a likelihood of the detenu coming out on bail by relying upon
the order passed in Cr.M.P.No.13789/2013 dated 18.09.2013. The learned
counsel appearing for the petitioner submitted that the detaining authority
proceeded on the ground that the order was passed by the Principal Special
Judge for Essential Commodities Act and Narcotic Drugs Psychotropic
Substances Act Cases, Madurai and whereas the order that was placed in the
booklet pertains to an order passed by the High Court. The learned counsel
for the petitioner further submitted that above said order is completely
illegible and the order that is relied upon by the detaining authority is not
even matching the one that is found in the booklet. Hence, the detention
order suffers from non application of mind.
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H.C.P(MD)No.1628 of 2022
7. We have carefully considered the submissions made by the learned
counsel for the petitioner as well as the learned Additional Public
Prosecutor appearing on behalf of the respondents.
8. The detaining authority was aware of the fact that the case involves
commercial quantity and the bail petition filed by the detenu was dismissed.
However, the detaining authority came to a conclusion that there is
likelihood of the detenu coming out on bail by relying upon a bail order
passed in Cr.M.P.No.13789/2013 dated 18.09.2013. The bail order that is
relied upon by the detaining authority is stated to be passed by the Special
Court for NDPS cases, Madurai and whereas what is found in the booklet is
the order passed by this Court. That apart, the bail order is completely
illegible. This by itself reflects non application of mind on the part of the
detaining authority. Therefore, the order of detention is liable to be
interfered with by this Court.
9. In the result, the Habeas Corpus Petition is allowed and the order
of detention in Detention Order No.36/2022 dated 22.04.2022 passed by
the second respondent is set aside. The detenu, viz., Benjamin Franklin, son
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H.C.P(MD)No.1628 of 2022
of Arulraj, aged about 43 years, is directed to be released forthwith unless
his detention is required in connection with any other case.
[M.S.R.,J.] & [N.A.V.,J.]
18.11.2022
Index : Yes/No
Internet : Yes
PJL
To
1. The Principal Secretary to Government,
Home, Prohibition and Excise Department,
Fort St.George, Secretariat,
Chennai-600 009.
2. The District Magistrate and District Collector,
Office of the District Magistrate and District Collector,
Dindigul District,
Dindigul.
3. The Superintendent of Prison,
Central Prison,
Madurai.
4. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
H.C.P(MD)No.1628 of 2022
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H.C.P(MD)No.1628 of 2022
M.S.RAMESH,J.
and
N. ANAND VENKATESH,J.
PJL
H.C.P.(MD)No.1628 of 2022
18.11.2022
https://www.mhc.tn.gov.in/judis
