KALAI SELVI, W/O MOHAMMED ANIFA ALIAS ANIFA Vs. SECRETARY TO GOVERNMENT, HOME, PROHIBITION AND EXCISE DEPARTMENT; COMMISSIONER OF POLICE, TIRUCHIRAPPALLI CITY

JUDGEMENT

(1.) The petitioner, who is the wife of the detenu Mohammed Anifa alias Anifa, branded as 'Boot-legger' in detention order in C.No.44/Detention/C.P.O/T.C/2013, dated 18.11.2013 by the Commissioner of Police, Tiruchirappalli City, Tiruchirappalli, has sought for a writ of Habeas Corpus Petition.

(2.) The Detenu has came to the adverse notice of the police in five cases. The first four cases were registered against him in Crime Nos.510 and 562 of 2012 and Crime Nos. 80 and 220 of 2013 under Section 4(1)(K) of Tamil Nadu Prohibition Act, 1937, on the file of Tiruchirappalli City, Prohibition Enforcement Wing. The fifth case was registered against him in Crime No.480 of 2013 on the file of Woriyur P.S. Trichy City. In all the five adverse cases, the petitioner has been convicted, when the order of detention was passed. The order of detention was passed on the basis of the ground case alleged to have registered on 29.10.2013 on the file of Trichy City, Prohibition Enforcement Wing, in Crime No.601 of 2013 under Section 4(1)(aaa) r/w. 4(1-A) and 24 of Tamil Nadu Prohibition Act, 1937, and 328 I.P.C. in which he has been remanded. On being satisfied that the Detenu is habitually indulging in activities, affecting maintenance of public order and public health, the Detaining Authority has clamped the Detention Order on the Detenu. At paragraph 5, the Detaining Authority has concluded as follows:

(3.) Challenging the Impugned Order, though the learned counsel for the petitioner inter alia has raised many contentions, We do not propose to go into all the grounds of challenge, since in our considered view, the point urged by the learned counsel for the petitioner that there was a delay in consideration of the representation merits acceptance.