AJITH KUMAR Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THIS Habeas Corpus Petition is filed, by the son of the detenue, namely, Parimala, aged 35 years, Wife of Ravi, to issue a Writ of Habeas Corpus, to call for the records, in C.O.C.No.43/2014 dated 18.08.2014, passed by the 2nd 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 14/1982), branding him as a "Bootlegger", in the Special Prison for Women, Tiruchirappalli, to quash the same and to direct the Respondents to produce the body of the detenue and set her at liberty forthwith.

(2.) THOUGH several grounds have been raised in this Habeas Corpus Petition, Mr.O.S.Thilak Pasumbadiyar, 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.) PER contra, Mr.C.Emalias, the learned Additional Public Prosecutor would submit that the impugned detention order has been passed on cogent and sufficient materials and there is no illegality or infirmity in the impugned order of detention. However, he has not refuted that the copy of the bail application in similar case, referred to in the grounds of detention was not supplied to the detenu.