MURUGAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner is the husband of the detenue by name Vanaja. He challenges the impugned order of detention dated 03. 09. 2005, detaining his wife as 'bootlegger' as contemplated under the Tamil Nadu Prevention of dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, goondas, Immoral Traffic Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982 ).

(2.) HEARD learned counsel for the petitioner as well as learned government Advocate for the respondents.

(3.) AT the foremost, learned counsel for the petitioner submitted that the detention order is liable to be quashed on the ground of nonapplication of mind on the part of the Detaining Authority. According to him, in the first ground case, the detenue was convicted and sentenced to pay a fine of Rs. 650/-by Judicial Magistrate-II, Cheyyar, however, xerox copy of the receipt which is available at page No. 46 of the paper book shows that she had paid a fine of rs. 600/ -. On verification of the same, we are of the view that the fine amount has been correctly stated at page No. 46 of the Paper Book. Even otherwise, payment of fine in the first adverse case has nothing to do with the ground case based on which the detention order came to be passed. Hence, the above contention is rejected.