R.JEYASUDHA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner is the wife of the detenu. The detenu has been detained by the second respondent by his order in C.O.C.No.69/2015, dated 27.10.2015, holding him to be a "Boot - Legger", as contemplated under Section 2(b) of Tamil Nadu Act 14 of 1982, taking note of the ground case in Crime No.389 of 2015 registered on the file of Perambur Police Station for an offence punishable under Section 4(1)(aaa) read with 4(1 -A) of the Tamil Nadu Prohibition Act, 1937 (Transport) and the following two adverse cases:

(2.) The Detaining Authority, expressing subjective satisfaction that the detenu conformed to the definition of "Boot -Legger" and that his presence at large would be prejudicial to the maintenance of public order and public health and also expressing subjective satisfaction that it was very likely that the detenu would come out on bail in the ground case, passed the impugned detention order. The said order is challenged in the present Habeas Corpus Petition.

(3.) The order of detention has been assailed on several grounds listed in the affidavit filed in support of the Habeas Corpus Petition. However, the learned counsel for the petitioner giving up other grounds, confines the challenge on the following ground alone: