LAWS(MAD)-1993-1-6

RAVI Vs. GOVERNMENT OF TAMIL NADU

Decided On January 12, 1993
RAVI Appellant
V/S
GOVERNMENT OF TAMIL NADU Respondents

JUDGEMENT

(1.) In these two writ petitions, the petitioners who have been detained under Tamil Nadu Act 14 of 1982 as bootleggers, have challenged their detentions, and they pray for quashing the orders of detention and consequentially for their release.

(2.) Though number of points were raised in the affidavit as well as advanced before us, ultimately it was found that one common question of law survives for our detailed consideration.

(3.) The admitted facts are, the Detaining Authority, who is the same in both the cases, has stated in the grounds of detention that the individual to be detained in each case (petitioners herein) was on remand. This statement of fact finds a place in the paragraph of the detention order in which the Detaining Authority has arrived at the subjective satisfaction as regards the compelling necessity to clamp orders of detention on the said individuals. It is again common ground that except the remand application, no order of remand as such passed by a Judicial Magistrate was placed before the Detaining Authority. The Paragraph 4 of the grounds of detention in W.P. No. 9240 of 1992 reads as follows :-