Mohammed Samseer v. The Additional Chief Secretary to Government

ORDER (Order of the Court was made by M.S.RAMESH,J.) The petitioner is the detenu, viz., Mohammed Samseer, aged about 20 years, S/o.Mohammed Asan. The detenu has been detained by the second respondent by his order in No.21/BCDFGISSSV/2023 dated 17.03.2023 holding him to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

¶2We 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.

¶3Though several grounds have been raised in the Habeas Corpus Petition, the learned counsel appearing for the petitioner would mainly focus his argument on the ground that the detaining authority, after being aware of the fact that there was no bail application filed by the detenu, came to the conclusion that there is a real possibility of the detenu coming out on bail by relying upon the order passed in Cr.M.P.No.3699/2019 dated

23.04.2019. The learned counsel therefore submitted that the order that was relied upon by the detaining authority was not similar and on that score, the detention order is liable to be interfered with.

¶4The learned Additional Public Prosecutor strongly opposed the Habeas Corpus Petition by filing his counter. It is further submitted that investigation has been completed in this case and final report has been filed in P.R.C.No.218/2023 and the same is pending before the Judicial Magistrate Court No.1, Tirunelveli.

¶5On carefully going through the detention order, the detaining authority was aware of the fact that no bail application was filed by the detenu. However, the detaining authority took into consideration the order passed in Cr.M.P.No.3699/2019 dated 23.04.2019 and came to the conclusion that there is a likelihood of the detenu coming out on bail. Perusal of the order shows that the accused therein was enlarged on bail since he had no previous cases pending against him. However, in the present case, the detenu was involved in two previous cases and hence, the bail order that was relied upon by the detaining authority cannot be considered to be a similar one.

¶6In view of the above, the detention order suffers from non application of mind and the same is liable to be interfered with by this Court. The impugned detention order is, therefore, liable to be quashed.

¶7In the result, the Habeas Corpus Petition is allowed and the order of detention in No.21/BCDFGISSSV/2023 dated 17.03.2023 passed by the second respondent is set aside. The detenu, viz., Mohammed Samseer, S/o.Mohammed Asan, aged about 20 years, is directed to be released forthwith unless his detention is required in connection with any other case.

(M.S.R.,J.) (M.N.K.,J.)

21.09.2023 NCC : Yes / No Index : Yes / No Lm To

1.The Additional Chief Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Chennai – 600 009.

2.The Commissioner of Police, Tirunelveli City, Tirunelveli.

3.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli.

4.The Joint Secretary to Government, Public (Law and Order), Fort St.George, Chennai.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. M.S.RAMESH,J. and M.NIRMAL KUMAR,J. Lm

H.C.P.(MD)No.797 of 2023

21.09.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2023 CORAM THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR H.C.P.(MD)No.797 of 2023 Mohammed Samseer .. Petitioner / Detenu Vs. 1.State of Tamil Nadu, Represented by the Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai – 600 009. 2.The Commissioner of Police, Tirunelveli City, Tirunelveli. 3.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli. .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, calling for the entire records connected with the detention order passed in No.21/BCDFGISSSV/2023 dated 17.03.2023 on the file of the second respondent herein and quash the same and direct the respondents to produce the detenu or body of the detenu namely Mohammed Samseer, aged about 20 years, S/o.Mohammed Asan, now detained at the Central Prison, Palayamkottai, before this Court and set him at liberty forthwith. For Petitioner : Mr.N.Pragalathan For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor