LAWS(MAD)-1985-6-12

DANIEL Vs. STATE OF TAMIL NADU

Decided On June 18, 1985
DANIEL Appellant
V/S
STATE OF TAMIL NADU, REP. BY SPECIAL COMMR. AND SECY, TO GOVT. PROHIBITION AND EXCISE DEPT., MADRAS-9 Respondents

JUDGEMENT

(1.) Challenging an order of detention made against his Son by name Thalapathi under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982 (hereinafter referred to as the Act), the petitioner has filed this petition under Article 226 of the Constitution of India, praying for the issue of a writ in the nature of habeas corpus.

(2.) The impugned order of detention was passed by the second respondent herein on 11th October, 1984. The detenu was on remand in connection with a case registered against him in Cr.No.657 of 1984, under sections 341, 323, 307 and 506(ii) of the Indian Penal Code of B.1 North Beach Police Station. The order of detention was therefore served on the detenu in prison and he was furnished with the grounds of detention and the copies of documents which had been taken into consideration by the second respondent before passing the order of detention.

(3.) The order of detention was confirmed by the Government, the first respondent herein. The detenu sent a representation against his detention, and after considering the same, the Government rejected it. The Advisory Board constituted under the Act, reviewed detenu's case and it was satisfied that the detention order has been passed on the basis of adequate grounds. It is thereafter this writ petition has come to be filed.