SELVAKUMAR Vs. DISTRICT MAGISTRATE AND DISTRICT COLLECTOR

JUDGEMENT

(1.) THE detention order dated 17. 1. 2005 branding the detenu as a 'bootlegger' is sought to be challenged in this habeas corpus petition filed by the brother of the detenu.

(2.) THE main ground urged by the learned counsel for the petitioner is that the detention order was passed by the detaining authority on 17. 1. 2005 detaining the detenu in pursuance of the powers conferred to him in G. O. (D ). No. 274, Prohibition and Excise (XVI) Department, dated 18. 10. 2004, issued by the Government under Section 3 (2) of the Tamil Nadu Act 14 of 1982 and since the said Government Order conferring the powers to the detaining authority to pass orders under Section 3 (2) of the Act would expire on the ninetieth day i. e. , 16. 1. 2005, the detention order in this case, dated 17. 1. 2005, is not valid and consequently the detention order is liable to be quashed.

(3.) THE learned Additional Public Prosecutor would submit that this ground is not a valid one in view of the fact that G. O. (D ). No. 274, Prohibition and Excise (XVI) Department, dated 18. 10. 2004 has conferred the power to the detaining authority under Section 3 (2) of the Act to exercise the power for a period of three months from 18. 10. 2004 and as such, the three months' time would expire only on 17. 1. 2005 and thereafter, the new Government Order in G. O. (D ). No. 33 Prohibition and Excise (XVI) Department, dated 18. 1. 2005 conferring the similar powers to the detaining authority had come into force and as such, the detention order passed on 17. 1. 2005, by virtue of the powers conferred under G. O. (D ). No. 274, Prohibition and Excise (XVI) Department, dated 18. 10. 2004, is perfectly valid as the same was passed within a period of three months.