NACHIMUTHU Vs. STATE

JUDGEMENT

(1.) THE writ petition is filed by the detenu challenging the order of detention dated 28.2.90 treating him as a bootlegger, under Tamil Nadu Act 14 of 1982.

(2.) THE learned counsel appearing for the petitioner highlighted before us the obvious error in the detention order. In the order of detention, while setting out the adverse cases it is stated as follows: Nachimuthu who was concerned in Crime No. 13/90 was convicted to undergo rigorous imprisonment for a period of 6 weeks in S.T.R. No. 8/90 dated 12.1.1990 by the Judicial Magistrate No. 1, Namakkal. The accused undervent the full term of imprisonment. (emphasis supplied by us.)

(3.) THE ground case proceeds as if the detenu was found to have sold on 15.2.1990 illicit arrack to one Selvam who was at that time in the company of one Ravi. On the basis of the complaint lodged by Selvam, the detenu was arrested and order under Act 14 of 1982 was passed subsequently.