GEETHA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) IN this petition, the petitioner challenges the detention order dated 21. 09. 2005, in and by which the second respondent detaining her husband, viz. , Anand Raj @ Anand @ Anandhan, as Immoral Traffic Offender under Section 2 (G) of the Tamil Nadu Prevention of Dangerous activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers and Video Pirates Act, 1982 (in short "tamil Nadu Act 14 of 1982" ).

(2.) IT is not in dispute that this is the second Habeas corpus petition, challenging the very same detention order dated 21. 09. 2005. In the earlier petition, viz. , HCP. No. 1117 of 2005, the petitioner was represented by another counsel. A perusal of the order dated 11. 02. 2006 made in HCP. No. 1117 of 2005 shows that the counsel who appeared before us raised all the contentions, after considering the same, and after finding that the detaining authority had in his possession the required materials to show that the detenu is habitually committing crimes and acting in the manner prejudicial to the maintenance of public order came to the conclusion that the detenu is an immoral traffic offender and after finding that there is no violation or deviation of any of the safeguards, this Court dismissed the said petition.

(3.) THE learned counsel for the petitioner in this petition would submit that though the detention order was passed by the detaining authority on 21. 09. 2005 and approved by the Government on 02. 10. 2005, the same was served on the detenu only on 06. 10. 2005, which, according to him, is beyond the prescribed period and vitiates the detention order.