IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.02.2017 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE T.MATHIVANAN H.C.P.No.1337 of 2016 V.Angaleswari .. Petitioner Vs
1. The State of Tamil Nadu, rep by the Secretary to Government, Public (SC) Department, Fort St. George, Chennai-600 009.
2. The Union of India, represented by the Secretary to the Government, Ministry of Finance, Department of Revenue, (Cofeposa Unit), New Delhi.
3. The Superintendent of Central Prison, Central Prison 2, Puzhal, Chennai-66. .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS, to call for the records relating to the detention order, in G.O.No.S.R.I/331-4/2009, dated 12.6.2009, passed by the first respondent and to quash the same and to direct the respondents to produce the body of the person of the detenu, namely, R.Viswanathan, aged about 52 years, son of Rangasamy, now detained, under Section 3(1)(i) of the COFEPOSA Act, in the Central Prison 2, Puzhal, Chennai, before this Court and to set him at liberty.
For Petitioner : Mr.S.Palanikumar For Respondents : Mr.V.M.R.Rajentran, APP for RR1 and 3 Mr.S.Arockiam, CGSC for R-2 ORDER [Order of the Court was made by M.JAICHANDREN,J] This Habeas Corpus Petition has been filed by the wife of the detenu, namely, R.Viswanathan, aged about 52 years, son of Rangasamy, to issue a Writ of Habeas Corpus, to call for the records, in G.O.No.SR.I/331- 4/2009, dated 12.6.2009, passed by the first respondent, detaining the detenu, under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Central Act 52 of 1974), in the Central Prison, Puzhal, Chennai, and to quash the same and to direct the Respondents to produce the body of the detenu and set him at liberty.
2 At this stage of the hearing of the Habeas Corpus Petition, the learned Additional Public Prosecutor appearing on behalf of the respondents 1 and 3 would submit that the order of detention passed by the first respondent, against the detenu, dated 12.6.2009, has been revoked by the Government, in G.O. Ms.No.866, Public (Law & Order.F) Department, dated 21.10.2016 and he has also produced a copy of the said order.
3 Recording the submission of the learned Additional Public Prosecutor, this petition is dismissed, as infructuous.
[M.J.,J.] [T.M.,J.] 14.2.2017 vvk To
1. The Secretary to Government, The State of Tamil Nadu, Public (SC) Department, Fort St. George, Chennai-600 009.
2. The Secretary to the Government, The Union of India, Ministry of Finance, Department of Revenue, (Cofeposa Unit), New Delhi.
3. The Superintendent of Central Prison, Central Prison 2, Puzhal, Chennai-66.
4. The Public Prosecutor, High Court, Madras.
M.JAICHANDREN,J.
AND T.MATHIVANAN, J.
vvk H.C.P.No.1337 of 2016 14.2.2017 http://www.judis.nic.in