RENGARAJ Vs. STATE OF TAMIL NADU AND ORS.

JUDGEMENT

(1.) The petitioner is the detenu - Rengaraj, S/o.Karuppiah, aged about 43 years. The detenu has been detained by the second respondent by his order in P.D.O.No.16/2016, dated 19.09.2016, holding him to be a "Bootlegger", as contemplated under Section 2(b) of Tamil Nadu Act 14 of 1982. Challenging the same, he has come up with the present petition.

(2.) Though a number of grounds have been raised assailing the order of detention, at the time of making submission, the learned counsel for the petitioner submitted that the Detaining Authority, while arriving at the subjective satisfaction that there is likelihood of the detenu coming out on bail, in paragraph No.5 of the grounds of detention, has stated that the relatives of the accused are taking steps to release the accused on bail. However, no supportive materials were produced to show that the relatives of the detenu are taking steps to release him on bail. The Detaining Authority, without any supportive material, has detained the petitioner as Bootlegger and hence, the observation made by the Detaining Authority shows the non- application of mind on the part of the Detaining Authority and hence, on that ground, the detention order is liable to be set aside.

(3.) The submissions made by the learned Additional Public Prosecutor in reply to the above said contention raised by the learned counsel for the petitioner are also heard.