S CHANDRA MOHAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner herein, who is the son of the detenu N. Subbaraja Nadar, has filed this petition for the issue of a writ of habeus corpus with a direction to the respondents to produce the detenu N. Subbaraja Nadar before this court and to set him at liberty for the reasons stated by him in the supporting affidavit filed along with the petition.

(2.) THE detention order in effect makes out two incidents for detention of the detenu under the COFEPOSA Act 1974, for the reason that the detenu is prone to smuggling activities. THE order of detention of the detenu was made on 7-12-1982. Detention of the detenu as such was made on 10-12-1982. THE grounds of detention were served on the detenu on 14-12-1982.

(3.) DURING the course of investigation, the witnesses indicated that the smuggled goods belonged to the detenu. Investigation also revealed that the lorry was purchased by the detenu benami in the name of one Jagannathan. Jagannathan, in whose name the said lorry has been purchased, in his statement dated 3-6-1982, given in his own handwriting, has indicated that Rajagopal and Thilagar are employees under the detenu and that Jagannathan is the son of Rajagopal. Jagannathan also admitted in that statement that the lorry was purchased benami in his name by the detenu.