BALAN @ BALASUNDARAM Vs. 1. THE STATE OF TAMIL NADU, REP. BY ITS SECRETARY, HOME DEPT. FORT ST. GEORGE, MADRAS-9

JUDGEMENT

(1.) PETITIONER Balan alias Balasundaram has been detained as a 'bootlegger' under Tamil Nadu Act 14 of 1982, in pursuance of an order of detention dated 13.10.1995, passed by the second Respondent, Collector and District Magistrate of Villupuram Ramasamy Padayatchiar District, Villupuram, with a view to preventing him from acting in any manner prejudicial to the maintenance of public order and public health.

(2.) TO answer the four contentions urged by Petitioner's learned Counsel, it will be unnecessary to state the facts in detail, which led to the passing of the impugned order.

(3.) THE first contention was that the Detaining Authority has stated in the grounds of detention, that the Petitioner had in his possession, when arrested, 3 cans of 35 litres, each containing 35, 35 and 30 litres respectively, of illicitly distilled arrack. However, while opposing the bail application before the learned Sessions Judge and this Court, investigating agency has stated that the Petitioner was in possession of 70 litres of arrack and not 100 litres of arrack. This discrepancy, not having been resolved, would suffice to show non -application of mind, was the submission we are unable to agree, for, Petitioner's learned Counsel fairly agreed that the documents of seizure, contemporaneously prepared, at or about the time of the arrest of the Petitioner, clearly show that from the three cans, in the possession of the Petitioner, 100 litres of arrack were seized, as mentioned in the grounds of detention. This ground has no merit. It shall stand rejected.