ANSAR Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE petitioner has been branded as "Goonda". THE 2nd respondent clamped detention order dated 19.9.2007 and the petitioner was detained.

(2.) THE petitioner came to the adverse notice of the police in two cases viz., (i) in Crime No.85/2007 on the file of the Tirunelveli Town Prohibition Wing Police Station under section 4(1)(aaa) of the Tamil Nadu Prohibition Act read with Rule 7 of the Tamil Nadu Rectified Spirit Rules 2000 and 279 of the Indian Penal Code in which it is alleged that he transported 16 cans of Rectified Spirit each containing 35 litres and charge sheet was laid before the Judicial Magistrate No.4, Tirunelveli and the case is pending in C.C.No.158 of 2007. (ii) the next case is in Crime No.445/2007 on the file of the Boothapandy Police Station registered under Rule 6,7 of the Tamil Nadu Rectified Spirit Rule 2000 read with 4(1)(aaa) and 14(a) of the Tamil Nadu Prohibition Act and Section 57 of the Tamil Nadu Excise Act. In the said case also, it is alleged that he transported Rectified Spirit in 16 cans each containing 35 litres.

(3.) THE learned counsel for the petitioner would strenuously contend that the petitioner had presented a representation before the detaining authority. Even though he rejected the representation, he should have referred the representation to the Government but he had not done so, which are latches on the part of the detaining authority and the same would vitiate the detention order. He preferred the representation on 24.9.2007 before the detaining authority but on 28.9.2007, the detaining authority rejected the representation stating that there is no ground to consider his request.