SEENIVASAN Vs. THE DISTRICT MAGISTRATE AND COLLECTOR OF TIRUVANNAMALAI SAMBUVARAYAR DISTRICT AND THE SECRETARY TO GOVERNMENT OF TAMIL NADU, PROHIBITION AND EXCISE DEPARTMENT

JUDGEMENT

(1.) PETITIONER Seenivasan has been detained as a bootlegger under Tamil Nadu Act 14 of 1982 in pursuance of an order of detention dated 30.9.1993 passed by the first Respondent District Magistrate and Collector. Tiruvannamalai Sambuvarayar District, with a view to preventing him from acting in any manner prejudicial to the maintenance of public order.

(2.) IT will be totally unnecessary to state the facts in detail, which led to passing of the impugned order, for this Habeas Corpus Petition will have to be allowed on the solitary ground urged on behalf of the Petitioner.

(3.) LEARNED Additional Public Prosecutor, when confronted with this ground of challenge, placed for our scrutiny another decision of the Supreme Court in Noor Salman Makani v. Union of India : (AIR 1994 S.C.575).