ELANGOVAN Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) Petitioner Elangovan has been detained as a bootleggerT under Tamil Nadu Act 14 of 1982, in pursuance of an order of detention dated 24-5-1995 passed by the first respondent, District Collector and District Magistrate, Dharmapuri, with a view to preventing him from acting in any manner prejudicial to the maintenance of public order and public health.

(2.) We are not narrating the facts in detail, which led to the passing of the impugned order for, on the short ground of extraneous material having been relied upon, but not supplied to the detenu, this habeas corpus petition will have to be allowed.

(3.) In the grounds of detention, detaining authority has stated that the Medical Officer concerned has stated, among other things, that excess consumption of arrack mixed with atropine would cause death. The statement of the Medical Officer does not indicate the same. It is, therefore, clear that extraneous material not supplied to the detenu, stood relied upon. It is be possible to conceive that death, as a consequence of consumption of poisonous arrack, may not be necessary to pass a preventive order under Tamil Nadu Act 14 of 1982. But, on the facts available in this case, we are satisfied that extraneous material, not supplied to the detenu, but relied upon, would enure in favour of the detenu.