BABU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This writ petition has been filed by the detenu himself under Article 226 of the constitution seeking for quashing the impugned order of detention dated 9.3.1992 passed by the District Magistrate and Collector, Chengalpauu, M.G.R. District at Kancheepuram, the second respondent herein, under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Boot-leggers Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum- Grabbers Act, 1982 (Tamil Nadu Act 14 of 1982), herein after referred to as the Act, with a view to preventing him from acting in any manner prejudicial to the maintenance of public order.

(2.) The detenu came to the adverse notice of the authorities as a boot-legger in view of the three cases referred to in the preamble to the grounds of detention and was detained in view of the ground case by the detaining authority, namely, the second respondent under Section 3(1) of the Act.

(3.) Though Mr. P. Venkatasubramaniam, learned counsel appearing for the petitioner challenged the impugned order of detention on many grounds, he has confined his arguments to ground(h) in the affidavit wherein it is contended as follows: Even though my wife on my behalf in her representation asked for the bail application and bail order, the judgment of other persons mentioned in the adverse cases, and the copy of the F.I.R. in Crime Nos. 1158, 1159/91, 73, 4, 75/92, 112, 114/92, 340, 341, 342/92 and the letter of the Magistrate No. 333/92 dated 13/2/1992 were not furnished either to me or to my wife to enable me to give an effective representation and thus my right to prove my innocence has been taken away by/the authorities. On this ground as well, the order of detention is liable to be set aside.