SHANMUGAM Vs. THE SECRETARY TO THE GOVERNMENT, GOVERNMENT OF TAMIL NADU (HOME) PROHIBITION AND EXCISE DEPT. AND ORS.

JUDGEMENT

(1.) THIS Habeas Corpus Petition is filed by the detenu, namely, Shanmugam @ Sathiya, aged 24 years, son of Angamuthu, to issue a Writ of Habeas Corpus to call for the records in Memo No. 1215/BDFGISSV/2014, dated 11.9.2014, passed by the second respondent detaining the detenu, under Section 3(1) 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 "Goonda", in the Central Prison, Puzhal, Chennai, and to quash the same and to direct the respondents to produce the body of the detenu and set him at liberty forthwith.

(2.) THOUGH several grounds have been raised in this Habeas Corpus Petition, 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 filed 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.