N. AMULU Vs. THE SECRETARY TO GOVERNMENT, HOME, PROHIBITION & EXCISE [XVI] DEPARTMENT SECRETARIAT AND ORS.

JUDGEMENT

(1.) CHALLENGE is made to the order of detention passed by the second respondent vide Proceedings in BDFIGSSV No. 95/2014 dated 16.11.2014, whereby the detenu/the husband of the petitioner herein, by name, Nataraj @ Sevittu Nataraj, son of Elumalai, aged about 45 years, was ordered to be detained under the provisions of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum -grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) branding him as a "BOOTLEGGER".

(2.) THOUGH many grounds have been raised in the petition, Mr. S. Swamidoss Manokaran, the learned counsel for the petitioner has assailed the impugned detention order only on the ground of non -supply of copy of the bail application in similar case, referred to in the grounds of detention, for arriving at the subjective satisfaction that there is likelihood of the detenu coming out on bail, which has affected the constitutional right of making an effective and purposeful representation to the authorities concerned, thereby vitiating the detention.

(3.) WE have given our careful and anxious consideration to the rival submissions put forward by the learned counsel on either side and thoroughly scanned through the impugned detention order and the entire materials available on record.