GURUSAMY Vs. SECRETARY TO GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE order of preventive detention under Act 14 of 1982, on the allegation that detenu is a drug offender, is being challenged in the present Habeas Corpus Petition by the detenu himself. The order of preventive detention is dated 22. 3. 2005.

(2.) IN the grounds of detention, the detaining authority has referred to four adverse cases. Out of the four adverse cases, in three cases the detenu was convicted under N. D. P. S. Act for illegal possession of 50 grams, 100 grams and 50 grams of ganja respectively. In the fourth adverse case, charge sheet has been filed against him on the allegation that he was found in illegal possession of 50 grams of ganja. The ground case relates to an incident dated 26. 2. 2005. It is alleged that the detenu was selling ganja. On the basis of these adverse cases and ground case, the detaining authority came to the following conclusion:

(3.) IN the present Habeas Corpus Petition, learned counsel for the petitioner has raised two contentions. The first contention is to the effect that the order of preventive detention has been passed in a mechanical manner without application of mind. It has been submitted that all the adverse cases relied upon by the detaining authority relate to offences of "possession of ganja" and the ground case is the only case where it was alleged that he was selling ganja. However, the detaining authority without application of mind has concluded that the detenu