GOVINDARASU Vs. THE STATE OF TAMILNADU AND ANOTHER

JUDGEMENT

(1.) THIS writ petition is filed under Article 226 of the Constitution of India by the detenu for the issuance of a writ of habeas corpus for quashing the order of detention dated 11.5.1991 and for setting the detenu at liberty.

(2.) THE detenu came to the adverse notice as Bootlegger in view of the adverse cases referred to in the preamble and he was detained on the basis of the ground case.

(3.) THOUGH the learned counsel for the petitioner challenged the order on various grounds, confined her arguments to the only ground viz., the Government Order G.O.Ms.No.109 Home/Prohibition end Excise Department dated 18.4.1991 does not speak about the circumstances prevailing on the date of 18.4.1991 and which does not have application for exercising the said power on a later date, more so after 1 -1/2 months, from the date of the Government Order. The version of the Government Order G.O. Ms. No. 109 dated 18.4.1991 evidently did not intend to exercise the powers conferred on that date i.e., 11.5.1991 on a future date, as the word 'circumstances that are likely to be prevailed' is conspicuously absent. The above word 'evidently' means the circumstances in praesenti (i.e. 18.4.1991) that is prevalent on the date of the order and it is further evident that the Government did not want the District Magistrate to exercise the powers for any subsequent periods as the circumstances which are likely to prevail for the further periods has not been mentioned in the Government Order. Hence the detention order clamped by the Collector has to be quashed on this ground alone.