E RAJAPANDI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) One E.Rajapundi (petitioner) is the brother of the detenu Marimuthu. The detenu, it is said, is a Bootlegger. Apart from the ground case as set out in the grounds of detention he had come to adverse notice in three other cases.

(2.) The District Magistrate and Collector of Chidambaranar District, Tuticorin (second respondent) in exercise of the powers conferred by Sub-section (1) of Section 3 of Tamil Nadu Act 14 of 1982, clamped upon the detenu, the impugned order of detention in his proceedings H.S. (M) Confil. No. 64194 dated 11-10-1994 with a view to preventing him from acting in any manner prejudicial to the maintenance of public order and health.

(3.) Mr. M. Karpagavinayagam, learned Counsel appearing for the petitioner would press into service the lone and sole ground, namely, that copies of certain vital documents such as general diary entry made by the Sub-Inspector of Police, Tiruchendure Police Station on 29-9-1994 and Pocket Note-book of the Sub-Inspector of Police, Tiruchendure for dates 28-9-1994 and 29-9-1994 asked for to be furnished by the detenu in his representation dated 25-10-1994 had not been furnished till upto 18-11-1994, the date on which the Advisory Board met and expressed its final opinion as to the existence of sufficient cause for the detention, greatly affected the right of representation of the detenu before the Advisory Board and on this short ground alone, he would say, the impugned order of detention, is liable to be set aside.