KANNAMMA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This writ petition is filed by one Kannamma, wife of the detenu, Gundaiyan, under Article 226 of the Constitution of India seeking the issue of a writ of habeas corpus to quash the order of detention and to set the detenu at liberty.

(2.) The detenu came to the adverse notice of the 2nd respondent as a habitual forest offender in view of three cases referred to in the preamble and was detained on the basis of the ground case. The impugned order of detention was passed by the District Magistrate and Collector of North Arcot, Ambedkar District at Vellore in exercise of the powers conferred by Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Boot. leggers, Drug Offenders, latest Offenders, Goondas, Immoral Traffic Offenders and Slum-grabbers Act. 1982 (Tamil Nadu Act 14 of 1982), here matter referred to as the Act, with a view to preventing him from acting in any manner prejudicial to the maintenance of public order.

(3.) The facts which led to the passing of the impugned order of detention have been set out in detail in the ground case and we do not propose to reiterate the same, in view of the plea taken the learned counsel for the writ petitioner. Learned counsel for the petitioner, Mr. Bakthavatchalam, confined his argument as regards ground (0) which reads as follows: