N USHA Vs. DISTRICT MAGISTRATE AND DISTRICT COLLECTOR

JUDGEMENT

(1.) THE petitioner, who is the wife of the detenu, by name Nagaraj, who is detained as a "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), by the impugned detention order dated 06. 02. 2006, challenges the same in this Petition.

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

(3.) AT the foremost, the learned counsel for the petitioner by drawing our attention to the order of the District and Sessions Judge, Perambalur, dated 02. 01. 2006 made in Crl. M. P. No. 4031 of 2005 (Bail Application) submitted that the reference therein clearly reflects the predetermination in detaining the detenu, hence the order of detention is vitiated. In support of the above contention, he also relied on the decision of this Court reported in 2005 MLJ (Crl)467 [ganesan vs. State of Tamil Nadu and another]