DHAYALAN Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) The petitioner is the detenu and he challenges the order of detention dated 25.1.2002 passed by the second respondent detaining him under the provisions of Tamil Nadu Act 14 of 1982, after he was identified as a "bootlegger", since he had come to the adverse notice of the authorities on earlier occasions and that on 6.1.2002 he indulged in activities prejudicial to the maintenance of public health and that if he is let to remain at large, he will indulge in such further activities and that therefore, there is a compelling necessity to detain him.

(2.) We are not extracting the details of the grounds of detention, since both sides have agreed that the above Habeas Corpus Petition has to be considered on the following short ground.

(3.) The learned counsel appearing for the petitioner submits that in the grounds of detention, the detaining authority has stated that the detenu was produced before Judicial Magistrate, Tambaram and was remanded to judicial custody in Sub Jail, Poonamallee from 6.1.2002 to 18.1.2002 and thereafter his remand period was extended upto 1.2.2002 and for the said statement, there was no material available before the detaining authority to indicate that the detenu was actually remanded and detained in Sub Jail, Poonamallee and therefore, the order of detention gets vitiated.