GANDIVEL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) HEARD Mr. T. Lajapathi Roy, learned counsel for the petitioner and Mr. S. P. Samuel Raj, learned Additional Public Prosecutor for the respondents.

(2.) THE order of preventive detention passed by the District Collector and District Magistrate, Ramanathapuram dated 22/3/2007 has been questioned by the father of the detenu. In the detention order, the District Collector has specified that the detenu is found in activities prejudicial to the relationship of India with Srilanka and prejudicial to the maintenance of public order, the details of which, are set out in the grounds of detention. In the grounds of detention, it has been stated that the detenu and other persons were smuggling (i)92 gunny bags of Metal Bars, (ii)3 Packets of Metallic Rings (iii)6 Gunny Bags of Plastic Cub and Clips (iv)3 packets of Washer Rubber (v)3 packets of Metal Pins and a Jerry Cane containing 20 litters of diesel meant for making arms and related accessories in a Vallam bearing No. VOC. 2317 to the Liberation Tigers of Tamil Eelam functioning in Srilanka, which has been banned in India. Thereafter it is further stated in paragraphs 2 and 3 as follows:

(3.) AFTER perusing the confessional statement of accused Thiru Mariganesh and other documents available in the Booklet of police records, I am satisfied that the accused Thiru. Mariganesh has attempted to smuggle the necessary materials meant for making arms and related accessories to Liberation Tigers of Tamil Eelam in Srilanka which has been banned organisation in India and there by acted in a manner prejudicial to the relationship of India with Srilanka and prejudicial to the maintenance of public order and detrimental to the National Security of India. (Emphasis added)