KALLUMAI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner, who is the detenu, challenges the order of detention dated 5.9.2003 dubbing him as boot-legger, under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Forest-Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982.

(2.) On 25.8.2003 at Petchiamman Koil Street, Thevaram, Theni District, the petitioner was found to be in possession of 60 litres of I.D. Arrack in a tractor tube and 4 litres of I.D. Arrack in 10 litre black colour plastic can. A case was registered in PEW Cr.No.205/2003 under Section 4(1)(i), 4(1)(aa) and 4(1-A) of TNP Act read with 328, IPC, on the file of Uthamaplalayam Prohibition Enforcement Wing. Taking note of the above ground case and three adverse cases of like nature, the impugned order of detention was passed.

(3.) The learned counsel for the petitioner assails the impugned order of detention on the only ground of non application of mind on the part of the detaining authority while passing the order of detention, wherein he had stated in the grounds of detention that there is an imminent possibility of the detenu coming out on bail, when the fact remains that the detenu had not preferred any bail application.