VENKATAMMAL Vs. DISTRICT COLLECTOR AND DISTRICT

JUDGEMENT

(1.) CHALLENGE is made to an order of the first respondent made in B.D.F.G.I.S.S.V.No.23/2007, dated 31.10.2007, whereby one Babu was termed as Bootlegger under the provisions of Tamil Nadu Act 14 of 1982.

(2.) THE affidavit filed in support of the petition and the grounds of detention are perused. THE order under challenge is also perused. THE Court heard the learned counsel for the petitioner and also the learned counsel for the State.

(3.) ADDED further the learned counsel that the order of detention came to be passed on 31.10.2007; that the Sponsoring Authority has obtained a certificate from the medical person that the illicit arrack seized from the detenu contained poisonous substance; that the said certificate was also placed before the Detaining Authority on the very day; that the order was also passed on 31.10.2007, but a copy of the said certificate was not furnished to the detenu, which was a denial of right to make effective representation and hence the order of detention has got to be quashed.