Madras High Court
Amutha vs The Additional Chief Secretary To ... on 19 February, 2025
Author: G.Jayachandran
Bench: G.Jayachandran
HCP(MD)No.1202 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.02.2025
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
AND
THE HONOURABLE MS.JUSTICE R.POORNIMA
H.C.P.(MD)No.1202 of 2024
Amutha .. Petitioner /Detenu
Vs.
1.The Additional Chief Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat, Chennai-600 009.
2.The District Collector and District Magistrate,
Office of the District Collector and District Magistrate,
Theni District.
3.The Superintendent of Prison,
Special Prison for Women,
Madurai District. .. Respondents
Petition filed under Article 226 of the Constitution of India, to issue a
writ of Habeas Corpus, to call for the entire records connected with the
detention order of the Respondent No.2 in Detention Order No.48/2024
dated 05.08.2024 and quash the same and direct the respondents to produce
the body or person of the detenu by name Amutha, wife of Mayathevar,
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HCP(MD)No.1202 of 2024
aged about 48 years, now detained as “Drug Offender” at Special Prison for
women, Madurai before this Court and set her at liberty forthwith.
For Petitioner :Mr.R.Alagumani
For Respondents :Mr.S.Ravi
Additional Public Prosecutor
ORDER
DR.G.JAYACHANDRAN, J.
AND
R.POORNIMA, J.
This Habeas Corpus Petition is filed by the detenu viz., Amutha, wife
of Mayathevar, aged about 48 years. The detenu has been detained by the
second respondent, by his order in Detention Order NO.48/2024 dated
05.08.2024 holding him to be a "Drug Offender", as contemplated under
Section 2(e) of the Tamail Nadu Act 14 of 1982. The said order is under
challenge in this Habeas Corpus Petition.
2. We have heard the learned counsel appearing for the petitioner and
the learned Additional Public Prosecutor appearing for the respondents. We
have also perused the records produced by the Detaining Authority.
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3.The detenu Amutha for her involvement in drug offence was
detained under Act 14 of 1982 vide detention order dated 05.08.2024. She
has given a representation to the detaining authority on 09.08.2024 to
reconsider the detention order. As per the Statute, such representation ought
to have been decided and disposed of within 12 days. In this case, the
representation was disposed by the detaining authority only on 22.08.2024,
by that time, he has become a functus officio. The representation of the
detenu ought to have been forwarded to the State. However, in this case, the
detaining authority has not forwarded the representation to the State. At the
same time, the State has considered the detention order and confirmed it on
16.08.2024.
4.Considering the dictum laid down by the Hon'ble Apex Court in
catena of the judgments, the detaining authority is vested with the power to
reconsider the detention order within 12 days of the detention order. If he
received any representation, he has also to forward the same to the State, if
he could not dispose the representation by that time.
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5.In this case, the detaining authority has neither forward the
representation to the State nor dispose the representation within the time
stipulated.
6.The belated consideration of the representation, after confirmation
of the detention order of the State and if he became a functus officio, renders
the detention order non-est. Hence, the Habeas Corpus Petition is allowed
and the order of detention in Detention Order No.48/2024 dated 05.08.2024
passed by the second respondent is set aside. The detenu, viz., Amutha, wife
of Mayathevar, aged about 48 years, is directed to be released forthwith
unless her detention is required in connection with any other case.
[G.J., J.] & [R.P., J.]
19.02.2025
NCC :Yes/No
Index:Yes/No
Internet:Yes/No
Ns
https://www.mhc.tn.gov.in/judis
To
1.The Additional Chief Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat, Chennai-600 009.
2.The District Collector and District Magistrate,
Office of the District Collector and District Magistrate,
Theni District.
3.The Superintendent of Prison,
Special Prison for Women,
Madurai District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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DR.G.JAYACHANDRAN, J.
and
R.POORNIMA, J.
Ns
19.02.2025
https://www.mhc.tn.gov.in/judis
