GOVINDAMMAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) (PETITION under Article 226 of the Constitution of India for the issuance of a Writ of Habeas Corpus to call for the entire records pertaining to the detention of the petitioner's son namely Boobalan, son of Loganathan detained under Act 14/82 vide detention orde dated 21. 09. 2005 on the file of the second respondent herein made in BDFGISV No. 48/2005, quash the same and consequently direct the respondents herein to produce the body and person of the said detenu before this Court and set him at liberty from Central Prison, Chennai.)The petitioner, who is the mother of the detenu by name Boobalan, who was detained as a "bootlegger" as contemplated under Section 3 (1) of 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), by the impugned detention order dated 21. 09. 2005, challenges the same in this Petition.

(2.) HEARD learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the respondents.

(3.) IT is not in dispute that the same petitioner has filed earlier petition in HCP No. 1062 of 2005 questioning the very same detention order. It is also not in dispute that by order dated 23. 01. 2006, after considering the relevant materials and hearing the counsel (same counsel, who is appearing in this petition) and the learned Government Advocate, finding that there is no merit, this Court dismissed the said petition and confirmed the order of detention.