SARASU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) (Order of the Court was made by) In this petition, the challenge is to the order dated 31.8.2002 passed by the District Magistrate, Kancheepuram branding one Murugan @ Pool Murugan to be a bootlegger and directing his detention under Section 3 of Tamil Nadu Act 14 of 1982.

(2.) There are as many as seven adverse cases reported against the detenu and the incident dated 22.8.2002 has been relied upon as the ground case wherein the said detenu was found in possession of 35 litres of poisonous liquor. It is pointed out that this liquor was found to be mixed with Atropine to the extent of 9.17% mg W/V. On this basis, the order is passed against the detenu.

(3.) Learned counsel for the petitioner Mr.Venkatasubramanian firstly contends that the representation sent by the detenu's wife has not been independently considered and has been considered only after the order was passed by the Advisory Board on 3.10.2002. Unfortunately for the petitioner, there is nothing on record to suggest that before rejecting the representation of the petitioner. any such order was taken into consideration. In fact, this point is not even raised in the petition filed on behalf of the petitioner. The contention is therefore obviously incorrect and rejected.