RAGHUPATHY Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) (PRAYER: Petition filed under Article 226 of the Constitution of India praying for a writ of Habeas Corpus to call for the entire records, related to Petitioner's detention under Tamil Nadu Act 14 of 1982 vide detention order, dated 20. 01. 2006 on the file of the second respondent herein made in proceedings No. 18/2006, quash the same as illegal and consequently direct the respondents herein to produce the said petitioner namely Raghupathy before this Hon'ble High Court and set the petitioner at liberty from detention.)The petitioner herein challenges the impugned order of detention dated 20. 01. 2006, detaining him 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 Additional Public Prosecutor for the respondents.

(3.) AT the foremost, the learned counsel appearing for the petitioner submitted that in the representation dated 21. 02. 2006, the detenu has requested the first respondent to furnish a copy of the proceedings relating to Crime No. 788 of 2005. According to the learned counsel, after considering the said representation, the Government in their letter dated 08. 03. 2006 addressed to the detenu, marking copy to the Detaining Authority as well as the Sponsoring Authority agreed to supply the same. The grievance of the petitioner is that in spite of such order by the Government, copy of the proceedings relating to Crime No. 788 of 2005 have not been supplied, which vitiates the detention order.