LAWS(MAD)-2008-2-96

KANNADA PRASAD Vs. SECRETARY TO GOVERNMENT

Decided On February 01, 2008
Kannada Prasad Appellant
V/S
SECRETARY TO GOVERNMENT Respondents

JUDGEMENT

(1.) THE petitioner herein challenges the impugned order of detention, dated 03.04.2007, in and by which, he has been detained as 'Immoral Traffic Offender' as contemplated under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982).

(2.) THE ground case occurrence, which led to passing of the order of detention against the detenu, in brief, is narrated here -under: -

(3.) ON consideration of the rival contentions and upon perusing the representation, dated 23.03.2007, which finds place at page No.451 of the Booklet supplied to the detenu, coupled with the grounds of detention, we are of the considered view that the allegation made by the detenu that he was illegally kept in custody for two days, ie., on 15.02.2007 and 16.02.2007, has been taken note of and in fact properly answered by the Detaining Authority in the grounds of detention. Though the Memo filed in the court by the detenu was not made available before the Detaining Authority along with the representation dated 23.03.2007, it is seen that the contents of the Memo had been repeated in the representation. In the above circumstances, the subjective satisfaction arrived at by the said authority cannot be questioned before this Court. Therefore, the ground raised by the learned Senior Counsel does not merit acceptance.