PALANI Vs. DIST MAGISTRATE

JUDGEMENT

(1.) Petition Palani has detained as a bootlegger under Tamil Nadu Act 14 of 1982, in pursuance of an order of detention dated 26-2-1995, passed by the first respondent, District Magistrate and Collector, Dharamapuri, with a view to preventing him from acting in any manner prejudicial to the maintenance of public order and health.

(2.) Though several contentions were urged by Mr. A.K.S. Thahir, learned counsel appearing on behalf of the petitioner, we do not deem it necessary to list them out and consider them, for on a solitary and vital ground, this Hebeas Corpus Petition will have to be allowed.

(3.) It was brought to our notice by Mr. Thahir that within seven weeks of the date of detention of the petitioner, the Advisory Board had not submitted its report to the State Government, as mandated under Section 11 of Tamil Nadu Act 14 of 1982. He pointed out that the order of detention is dated 26-2-1995 and the petitioner was detained on and from 27-2-1995. The period of seven weeks from the date of detention will expire on 18-4-1995. He also brought to our notice that the Advisory Board had held its deliberations on 30-3-1995.