MOHIDEEN Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) THE petitioner has filed this Habeas Corpus Petition seeking to call for the records relating to the order of detention in Memo No.184/BDFGIS-V/2005, dated 28.04.2005, on the file of the first respondent and to direct the respondents to produce the detenu Mr.Nazir, who is the niece of the petitioner and son of Mr.Shahul Hameed, and confined in Central Prison, Chennai before this Court and set him at liberty.

(2.) ON 25.4.2005 at about 7.00 hrs. Thiru P.Asokan, Inspector of Police, Law and Order, B1 North Beach Police Station received a reliable information from his informant that pirated recently released film VCDs are sold at Shop No.84-A, Burma Buzaar, Rajaji Salai, Chennai. The Inspector of Police, after informing the Assistant Commissioner of Police, Harbour Range and the 7th Metropolitan Magistrate, George Town, Chennai, proceeded to the said shop along with his party, which he reached at 7.30 hrs. and served the search memo to Thiru Nazir and noticed VCDs of recently released films and obscene VCDs. As the said Nazir has no copy right, he was arrested at 7.35 hrs. and all the available VCDs and DVDs were seized. The Inspector of police examined Thiru Nazir and recorded his voluntary confession statement. In his confession, he has stated that with the help of his friend Thiru Thamim Ansari, he used to prepare pirated VCDs in the computer unit at No.152, Pattinathar Street, Perambur, Chennai and share the profits with him. Hence, after giving search intimation to the learned Magistrate, the Inspector of Police reached the spot at 09.45 hrs and arrested Thiru Thamim Ansari and after serving search memo to him, conducted search at the said unit and seized pirated VCDs, which were available there. The Inspector arrested the said Thamim Ansari and returned to the police station. Thereafter, he registered a case in Crime No.315/2005 under Sections 51, 52(A) r/w.63, 68(A) of Copy Right Act, 1957 and 292(a), IPC and 4(1) r/w.15(2) of TNEF Act and took up investigation of the case and examined the witnesses and recorded their statements. Later Tvl.Nazir and Thamim Ansari were produced before the learned VII Metropolitan Magistrate Court, George Town, Chennai and lodged at Central Prison, Chennai as remand prisoners till 09.5.2005.