CHINNA PONNU Vs. SECRETARY TO THE GOVERNMENT

JUDGEMENT

(1.) PETITIONER is the wife of the detenu by name Kundan @ Raman. She challenges the detention order dated 06-04-2005 detaining her husband Kundan @ Raman as "drug Offender" under Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, forest Offenders, Goondas, Immoral Traffic Offenders, Slum Grabbers and Video pirates Act, 1982 (Tamil Nadu Act 14/1982 ).

(2.) HEARD learned counsel for petitioner as well as learned Additional Public Prosecutor for respondents.

(3.) COMING to the last contention, namely, non compliance of Section 50 of the N. D. P. S. Act, in para 9 of the counter affidavit, the detaining authority has denied the above claim. Section 50 (1) makes it clear that any Officer duly authorised under Section 42 is about to search any person under the provisions of section 41, section 42 or section 43, he shall if such person so requires, takes such person without unnecessary delay to the nearest Gazetted Officer of any of the departments mentioned in section 42 or to the nearest Magistrate. It makes it clear that when the accused requires to be checked in the presence of officials or magistrate, the investigation officer shall take steps for it. In the case on hand, it is brought to our notice that the detenu had voluntarily given his consent that he might be checked by investigation officer himself and he did not require to be checked in the presence of Gazetted Officer or Magistrate. In this regard, it is relevant to note page 17 of the paper book supplied to the detenu which contains consent letter of the detenu. The following questions and answers are relevant : After saying so, the detenu has put his thumb impression acknowledging the above statement. In the light of the same, we are satisfied that there is no violation of Section 50 of the n. D. P. S. Act as stated by the petitioner.