STATE OF TAMIL NADU Vs. VELA ALIAS VELANGANI

JUDGEMENT

(1.) Special leave granted in these petitions.

(2.) The respondents, in these appeals were detained under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Forest-Offenders, Goondas, Immoral Traffic Offenders and Slum-Grabbers Act, 1982 (the Act). The detention orders were passed by the Commissioner of Police in exercise of power conferred on him under Section 3(2) of the Act. The High Court by the impugned judgment has set aside the detention orders on the ground that the power under Section 3(2) of the Act was not validly conferred on the Commissioner of Police and as such he had no authority to issue the detention orders. These appeals by way of special leave are by the State of Tamil Nadu against the judgment of the High Court. Sub-sections (1) and (2) of Section 3 which are relevant are reproduced hereunder:

(3.) In exercise of the powers under Section 3(2) of the Act, the State Government issued a Government order dated October 15, 1990 conferring the power of the State Government under Section 3(1) of the Act upon the Commissioner of Police, Madras for a period of three months from October 18, 1990. The order is reproduced hereunder: "PROHIBITION AND EXCISE (XII) DEPARTMENT