SAROJA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE challenge in this habeas corpus petition is to the order of detention, dated 11. 12. 2004, passed by the second respondent against one Vellaichamy (hereinafter referred as "the detenu"), branding him as a "bootlegger" and directing preventive detention under Section 3 (1) of the 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 of 1982) read with the orders issued by the Government in G. O. (D)No. 275, Prohibition and Excise (XVI)Department, dated 18th October 2004 under sub-section (2) of Section 3 of the said Act. THE petitioner is the wife of the detenu.

(2.) LEARNED counsel for the petitioner would submit that a pre-detention representation, dated 23. 11. 2004, was sent by the petitioner to the detaining authority making several allegations against the sponsoring authority, but the same was not considered by the detaining authority and if at all the same has been considered and disposed of, it might have been mentioned in the grounds of detention, but there is no mention about the same and, therefore, on this ground, the order of detention is liable to be quashed.