ANGULAKSHMI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Wife of the detenu, Jayabal, S/o.Muthusamy, has sought of a Writ of Habeas Corpus, to call for the entire records pertaining to the proceedings of the 2nd respondent in Cr. M.P. No. 04/2014, dated 31.05.2014, quash the same, and set her husband aged about 37 years, at liberty. According to the petitioner, her husband was arrested by the Inspector of Police, Velayuthampalayam Police Station, in Crime No. 204 of 2014, under Section 21(1) of the Mines and Minerals (Development and Regulation) Act 1957 r/w. Section 379 of IPC. He was produced before the learned Judicial Magistrate No. II, Karur, in Cr.M.P. No. 2708 of 2014. According to the Inspector of Police, Velayuthampalayam Police Station, on 26.05.2014, they conducted a vehicle check at Velayuthampalayam Bypass 4 Road near Saravana Store, on the instructions of the higher police officials. While conducting the vehicle check, about 05.30 hours, they intercepted a Tipper lorry bearing Registration No. TN-28-AW-7238. On the examination of the lorry, they found about 4 1/4 units of sand in the lorry. Husband of the petitioner, viz., Jayabal, S/o.Muthusamy, was driving the vehicle. He gave a statement that he is the Owner-cum-Driver of the lorry and he did not have a driving license. He had no valid permit for transportation of sand. He gave a statement that he would buy river sand from bullock carts, at a lower cost, in Thavittupalayam east area of Manmangalam Taluk and transport the same, through his Tipper lorry bearing Registration No. TN-28-AW-7238. He would sell the same, in Karnataka State and Hosur sub-urban areas. A case in Crime No. 204 of 2014 was registered. He was arrested on 26.05.2014 and remanded to judicial custody in Central Prison, Trichirappalli.

(2.) The Inspector of Police has filed an affidavit before the second respondent, District Collector, Karur District, about the registration of Crime No. 204 of 2014 and lodging of the husband of the petitioner in Central Prison, Trichirappalli. He has requested that necessary action may be taken against him under Section 2(gg) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982), if deemed fit, by the detaining authority. Considering the materials, the second respondent has passed a detention order on 31.05.2014. According to the second respondent, he was satisfied that the husband of the petitioner is a Sand Offender, as contemplated under Section 2(gg) of the Tamil Nadu Act 14 of 1982 and found indulging in activities prejudicial to the maintenance of the public order and public health. The second respondent has given the details for detention, in the grounds of detention.

(3.) It is the case of the petitioner that he has given a representation on 04.06.2014 to the first respondent and no order has been passed on the said representation till date. Therefore, she has filed the present Habeas Corpus Petition to quash the impugned order of detention passed by the second respondent and to produce the body and person of her husband before this Court, and to set him at liberty.