KALA Vs. SECRETARY TO GOVERNMENT HOME

JUDGEMENT

(1.) THE petitioner herein challenges the impugned order of detention, dated 18. 05. 2007, whereby, her husband by name sekar @ City Sekar has been detained as `drug Offender' as contemplated under the Tamil Nadu Prevention of Dangerous activities of Bootleggers, Drug Offenders, Forest Offenders, goondas, Immoral Traffic Offenders, Sand Offenders, Slum grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982 ).

(2.) IT is seen from the grounds on which the detention order came to be passed that on 18. 04. 2007 at 07. 00 Hours, the Sub Inspector of Police attached to D-1 Triplicane police Station, on receipt of information though informants to the effect that the detenu was selling Ganja at Victoria hostel Road by sitting in front of Kasturibai Gandhi government Hospital for Women and Children at Triplicane, proceeded to the spot and reached there at 08. 00 Hrs. along with police team. He found the detenu keeping a palatine bag and surrounded by four persons. On seeing the police, those who were purchasing Ganja from the detenu ran away and, on questioning the detenu and informing him about his right to be searched before a Gazetted Officer, he conveyed his willingness, whereupon, the bag possessed by him was searched and it was found to contain 4. 250 Kgs. of Ganja. The Sub Inspector arrested the detenu, seized the contraband, came to the police station and registered a case in Cr. No. 851 of 2007 for offences punishable under Section 8 (c) read with 20 (b), (ii) (B) of NDPS Act. The chemical analysis report in respect of the sample of the contraband revealed that it was found to contain cannabinoids, an injurious and dangerous substance to human nature and health. The Detaining Authority, taking note of four adverse cases to the credit of the detenu, clamped the order of detention branding him as 'drug Offender'.

(3.) ACCORDING to the learned counsel for the petitioner, in the grounds of detention, the Detaining Authority, while mentioning the opinion of the Doctor with regard to the contraband seized, has added certain information which is not available at all in the Opinion and inasmuch as the detaining Authority has mentioned such details without any basis, the ultimate order of detention is liable to be quashed.