LAWS(MAD)-1992-12-9

PATCHAIYAPPAN Vs. DIST MAGISTRATE

Decided On December 01, 1992
PATCHAIYAPPAN Appellant
V/S
DIST MAGISTRATE Respondents

JUDGEMENT

(1.) The petitioner detained under the Tamil Nadu Act 14.9.1988 as a bootlegger has challenged the detention by filing this writ petition.

(2.) Learned counsel for the petitioner has challenged the order of detention inter alia that when the petitioner was under judicial custody for an offence under Narcotic Drugs and Psychotropic Substances Act, 1985, the clamping of detention under Act 14 of 1982 was unwarranted and on that ground, it is liable to be quashed. In support of that, reliance is placed in Rukmani Devi Balasingam v. Joint Secretary to Government of India. In that case, Janarthanam, J. speaking for the Bench has observed as follows:

(3.) In the case on hand, the detaining authority has observed as follows in the course of detention: