VADANA Vs. STATE OF TAMIL NADU, SECRETARY TO GOVERNMENT, HOME, PROHIBITION AND EXCISE DEPARTMENT AND DISTRICT MAGISTRATE AND DISTRICT COLLECTOR

JUDGEMENT

(1.) This petition is brought forth by the wife of detenu challenging the order of the second respondent in C2/13198/2010 dated 13.4.2010, whereby the detenu Madasamy was ordered to be detained as a Bootlegger under the provisions of the Act 14 of 1982.

(2.) The Court heard the learned Counsel appearing for the petitioner and looked into the materials available on record, in particular, the order under challenge.

(3.) It is not in controversy that pursuant to the recommendation made by the Sponsoring Authority that the detenu is involved in four adverse cases viz. (i) Villupuram P.E. Wing Crime No. 1730 of 2009 for the offences under Sections 4(1-a), 4(1-A) altered as 4(1)(a) of Tamil Nadu Prohibition Act, 1937; (ii) Kiliyanur Police Station Crime No. 381/2009 for the offences under Sections 4(1-A) 4(1)(aaa) altered as 4(1)(aaa) of Tamil Nadu Prohibition Act, 1937; (iii) Villupuram P.E. Wing Crime No. 207/2010 for the offences under Sections 4(1-a) 4(1-A) altered as 4(1)(a) of Tamil Nadu Prohibition Act, 1937 and (iv)Kiliyanur Police Station Crime No. 110/2010 for the offences under Sections 4(1)(aaa), 4(1-A) of Tamil Nadu Prohibition Act, 1937 and ground case in Crime No. 136 of 2010 registered by Kiliyanur station for the offences under Sections 4(1)(i), 4(1)(aaa), 4(1-A) of Tamil Nadu Prohibition Act, 1937 for the incident that had taken place on 22.3.2010 and the detenu was arrested on the same day and remanded to judicial custody on 23.3.2010, the Detaining Authority, on scrutiny of materials placed, passed the detention order, after arriving at the subjective satisfaction that the activities of the detenu were prejudicial to the maintenance of public order, which is the subject matter of challenge before this Court.