LAWS(MAD)-2013-8-110

SHANMUGAM Vs. STATE OF TAMIL NADU

Decided On August 29, 2013
SHANMUGAM Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) The petitioners in both Habeas Corpus Petitions have been branded as "Boot Leggers" as contemplated under Tamil Nadu Act 14 of 1982 and detained under orders of the 2nd respondent passed in S.C.Nos.5 & 6 of 2013 dated 12.03.2013.

(2.) The petitioner/detenu in H.C.P.693/2013 came to adverse notice in the following case:- <FRM>JUDGEMENT_1_MADLJ(CRI)4_2013_1.html</FRM>

(3.) Mr.E.Kannadasan, learned counsel appearing for the petitioners submits that the facts of the grounds of detention do not constitute acts prejudicial to the maintenance of public order and thus, the provisions of Section 3(1) of the Tamil Nadu Act 14 of 1982, are not attracted. He would further contend that the detaining authority failed to ask clarification from the sponsoring authority about non serving of arrest memo in a proper manner to the family members, relatives or friends of the detenus and there was no proof to show that the intimation of arrest was given, as the arrest was communicated through cell phone to the wife and friend of detenus respectively, which clearly shows non application of mind on the part of detaining authority.