PATHINETTAMPADIYAN Vs. STATE OF TAMIL NADU AND ORS.

JUDGEMENT

(1.) The petitioner is the detenu. He has been detained by the second respondent by his Detention Order in C.O.C. No. 65 of 2015, dated 06.10.2015, holding him to be a "Boot -Legger", as contemplated under Sec. 2(b) of Tamil Nadu Act 14 of 1982, taking note of the ground case in Crime No. 298 of 2015 registered on the file of Velippalayam Police Station for an offence punishable under Sec. 4(1)(aaa) r/w 4(1 -A) TNP Act 1937 (Transport) and following four adverse cases: -

(2.) The Detaining Authority, expressing subjective satisfaction that the detenu conformed to the definition of BootLegger and that his presence at large would be prejudicial to the maintenance of public order and public health and also expressing subjective satisfaction that it was very likely that the detenu would come out on bail in the ground case, passed the impugned detention order. The said order is challenged in the present Habeas Corpus Petition.

(3.) Though a number of grounds have been raised assailing the order of detention, the learned counsel for the petitioner mainly relies on the following contentions: -