MARIAPPAN @ SOUP MARIAPPAN Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The petitioner is the detenu - Mariappan @ Soup Mariappan, son of Veilukanda Mudaliar, aged about 55 years. The detenu has been detained by the second respondent by his order in H.S.(M) Confdl.No. 40/16, dated 12.08.2016, holding him to be a "Drug Offender", as contemplated under Sec. 2(e) 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, has relied upon the bail granted in a similar case registered in Crime No.94 of 2007, on the file of Theni NIB CID, for offence under Sec. 8(c) r/w 20(b)(ii)(B) of NDPS Act, 1985. Though the Detaining Authority has relied upon the bail granted in the said case, he has not furnished a copy of the bail application filed in the said case. Therefore, non-furnishing of the document relied on would vitiate the order of detention.

(3.) In this regard, the learned counsel for the petitioner has also relied upon number of judgments delivered by the Division Benches of this Court, one such case relied upon by the petitioner is H.C.P. No.2433 of 2015 in the case of Shanmugavel Vs. State of Tamil Nadu, wherein, this Court, by relying upon the dictum laid down by the Honourable Supreme Court in M. Ahamed Kutty Vs. Union of India and another [1990 (2) SCC 1], has quashed the detention order. The relevant portion from the said judgment reads as follows: