G ELUMALAI Vs. STATE

JUDGEMENT

(1.) The cousin of the detenu is the petitioner herein who challenges the order of detention dated 12.1.2004 passed by the second respondent under Section 3(1) of Tamil Nadu prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982 (for short "the Tamil Nadu Act 14 of 1982").

(2.) The detenu is alleged to have been involved in three prohibition offences. The ground case has been registered in Crime No.16 of 2004 on the file of the Prohibition Enforcement Wing, Kallakurichi for the offences punishable under Section 4(1)(a), 4(1)(aaa) read with 4(1-A)(ii) of the Tamil Nadu Prohibition Act, 1937.

(3.) On the basis of the materials before the detaining authority, the detaining authority was subjectively satisfied that there is a compelling necessity to pass an order of detention in order to prevent the detenu from indulging in such further activities in future which are prejudicial to the maintenance of public order, and hence passed the order of detention. The said order is under challenge.