K MARIMUTHU Vs. DISTRICT COLLECTOR AND DISTRICT MAGISTRATE

JUDGEMENT

(1.) The detention order dated 17.07.2002 against one Chinnamma, wife of Marimuthu directing her detention under the Tamil Nadu Act 14 of 1982 on the ground that she is a bootlegger and her activities are prejudicial to the maintenance of public health and maintenance of public order, has been called into question on two grounds.

(2.) The first ground is that in the detention order the detenue had not been informed that any representation that she may make to the detaining authority shall be placed before the Advisory Board although she had been informed that it was open to her to make a representation to the detaining authority before that detention order was approved by the State Government - the approval being required to be made within a period of 12 days.

(3.) Counsel in support of his submission relied upon the decision of the Constitution Bench of the Supreme Court in the case of Kamalesh Kumar Ishwardas Patel vs. Union of India, 1995 SCC (Cri) 643, wherein it was, inter alia, held that the failure to inform the detenu about his right to make a representation to the officer making the detention order would vitiate the order of detention. The Acts considered in that case were COFEPOSA Act, PIT NDPS Act.