IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated:- 04.09.2006 Coram:- The Hon’ble Mr. Justice P.SATHASIVAM and The Hon’ble Mr. Justice S.MANIKUMAR Habeas Corpus Petition No.603 of 2006 (In the matter of detenu (viz.,) Balu @ Balasubramanian S/O.Palani) Jayalakshmi ... Petitioner Vs. 1.The State of Tamil Nadu, rep. by its Secretary to Government, Prohibition and Excise Department, Fort St. George, Chennai-9. 2.The District Magistrate and District Collector, Tiruvarur District, Tiruvarur. .. Respondents Petition under Article 226 of the Constitution of India for the issuance of a Writ of Habeas Corpus to direct the respondents to produce the petitioner's husband the detenu Balu @ Balasubramanian S/o Palani aged 40 years, before this Court and now confined in Central Prison, Thiruchirapalli, and set him at liberty and to call for the records pertaining to the order of the detention passed in C.O.C.No.08/2006 dated 15.05.2006 passed by the second respondent and set aside the same. For Petitioner : Mr.T.Muruganantham For Respondents : Mr.M.Babu Muthu Meeran Addl. Public Prosecutor O R D E R (Order of the Court was made by P. SATHASIVAM, J.) The petitioner, who is the wife of the detenu by name Balu @ Balasubramaniyan, who is detained as a ''Bootlegger" as contemplated under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug https://hcservices.ecourts.gov.in/hcservices/ Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982), by the impugned detention order dated 15.05.2006, challenges the same in this Petition. 2. Heard learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the respondents. 3. At the foremost, learned counsel appearing for the petitioner by drawing our attention to arrest memo, which is available at page 27 of the paper book supplied to the detenu, has submitted that even though the detenu was arrested at 17.15 hours on 18.04.2006 near Sri Vaanjiyam Udaiyarkulam Main Road and he was taken to the Nannilam Police Station only at 19.30 hours, in the absence of proper explanation by the person concerned, the reference viz., Crime No.107/2006 made in column 2 of the arrest memo vitiates the detention order. While elaborating the above contention, the learned counsel has submitted that even according to the respondents, the complaint was received at 16.30 hours on 18.04.2006 and the detenu was arrested at 17.15 hours on the same day i.e. on 18.04.2006 and thereafter, he was taken to the police station at 19.30 hours. The First Information Report, which is available at page Nos.19 to 21 makes it clear that after bringing the detenu to the Nannilam Police Station at 19.30 hours, a case has been registered in Crime No.107 of 2006 under Sections 4(1)(aaa) read with 4(1-A) and 4(1)(i) of Tamil Nadu Prohibition Act. In such circumstances, there is no explanation as to how the sponsoring authority has noted the crime number and various offences even in the arrest memo at 17.15 hours on 18.04.2006 when no crime was registered in the manner known to law. In the absence of proper explanation by the person concerned, we are of the view that such reference made in the arrest memo vitiates the detention order on the ground of non application of mind on the part of the detaining authority. On this ground, the detention order is liable to be quashed and accordingly, the same is quashed. 4. The Habeas Corpus Petition is allowed and the impugned order of detention is set aside. The detenu is directed to be set at liberty forthwith from the custody unless he is required in some other case or cause. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar raa https://hcservices.ecourts.gov.in/hcservices/ To 1. The Secretary to Government, State of Tamil Nadu, Prohibition and Excise Department, Fort St. George, Chennai-600 009. 2.The District Magistrate and District Collector, Tiruvarur District, Tiruvarur. 3. The Superintendent, Central Prison, Thiruchirappalli. (In duplicate for communication to detenu) 4. The Joint Secretary to Government, Public (Law and Order) Fort St. George, Chennai-9. 5. The Public Prosecutor, High Court, Madras. HCP. No.603 of 2006 PV(CO) RVL 11.09.2006 https://hcservices.ecourts.gov.in/hcservices/