SUMATHI Vs. THE SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The petitioner is the wife of the detenu, namely, Mohan, son of Rajamoorthy, Male, aged about 36 years. The detenu has been detained by the second respondent by his order in C.O.C.No.14 of 2017, dtd. 21/3/2017 , holding him to be a "Boot-legger ", as contemplated under Sec. 2(b) of Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

(2.) We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority.

(3.) Though several grounds have been raised in the Habeas Corpus Petition, the learned Counsel appearing for the petitioner would mainly focus his argument on the ground of pre-determination as the affidavit filed by the sponsoring authority has been attested by the detaining authority. The learned Counsel also brought to the notice of the Court, the document is an affidavit filed by the sponsoring authority, which on a perusal would show that the affidavit of the sponsoring authority has been attested by the detaining authority.