PITCHAMMAL Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) This habeas corpus petition has been filed by the mother of the detenu, namely, Chinrasu @ Radhakrishnan, son of Rayar, aged 24 years, against the detention order passed by the second respondent, in C.O.C.No.64/2020, dated 26.12.2020, branding him as "Boot-Legger" as contemplated under Section 2(b) of Tamil Nadu Act, 14 of 1982 (hereinafter, referred to as "the Act").

(2.) Though several grounds have been raised challenging the impugned detention order, Mr.K.A.S.Prabhu, learned counsel for the petitioner, would mainly contend that the impugned order of detention is liable to be set aside on the grounds of failure of intimation of arrest of the detenu either to his family members or his relatives and violation of Section 8 of the Act.

(3.) Per contra, Mr.K.Dinesh Babu, learned Additional Public Prosecutor, on instructions, submitted that the detention order has been rightly passed by the second respondent taking note of the activities of the detenu and it has been passed to prevent the detenu from indulging in similar activities in future. It is the further submission of the learned Additional Public Prosecutor that the the arrest of the detenu has been properly intimated to his family members and hence, prayed for dismissal of the habeas corpus petition.