BALARAMAN Vs. STATE OF TAMIL NADU REP. BY THE SECRETARY, PROHIBITION AND EXCISE DEPARTMENT, FORT ST. GEORGE, MADRAS-9 AND

JUDGEMENT

(1.) PETITIONER Balaraman is the father of detenu Chandran, who has been detained as a forest offender under Tamil Nadu Act 14 of 1982, in pursuance of an order of detention dated 24.9.1993, passed by the second respondent, District Magistrate and Collector, Tiruvannamalai Sambuvarayar District with a view to preventing the detenu from acting in any manner prejudicial to the maintenance of public order and health.

(2.) IT will be totally unnecessary to state the facts in detail, which led to the passing of the impugned order, for, on the short ground of lack of material before the detaining authority to express his awareness that the detenu was on remand on the date on which the impugned order was passed, petitioner is bound to succeed.

(3.) THE impugned order of detention shall stand quashed. Detenu is directed to be set at liberty forthwith, unless his detention is otherwise required. This habeas corpus petition is allowed.