LAWS(MAD)-2023-3-211

JAGADHA Vs. STATE OF TAMIL NADU

Decided On March 29, 2023
Jagadha Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) Captioned 'Habeas Corpus Petition' [hereinafter 'HCP' for the sake of convenience and brevity] has been filed by the mother of the detenu assailing 'detention order dtd. 23/9/2022 bearing reference BCDFGISSSV No.330/2022' [hereinafter 'impugned detention order' for the sake of convenience]. To be noted, the fourth respondent is the sponsoring authority and the second respondent is the detaining authority as impugned detention order has been made by the second respondent.

(2.) Impugned detention order has been made under 'The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber law offenders, Drug-offenders, Forest-offenders, Goondas, Immoral traffic offenders, Sand-offenders, Sexual-offenders, Slum-grabbers and Video Pirates Act, 1982 (Tamil Nadu Act No.14 of 1982)' [hereinafter 'Act 14 of 1982' for the sake of convenience and clarity] on the premise that the detenu is a 'Immoral Traffic Offender' within the meaning of Sec. 2(g) of Act 14 of 1982.

(3.) There is no adverse case. The ground case which is the sole substratum of the impugned detention order is Crime No.01 of 2022 on the file of Anti Vice Squad-II for alleged offences under Ss. 2(2)a, 4(1), 5(1)a, 6(1) and 7(1) of the Immoral Traffic [Prevention] Act. Owing to the nature of the challenge to the impugned detention order, it is not necessary to delve into the factual matrix or be detained further by facts.