SATHYA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner is the wife of the detenu, namely, Pathinettampadiyan, S/o.Azhaguthevar, male, aged 37 years. The detenu has been branded as a "Bootlegger" as contemplated under Tamil Nadu Act 14 of 1982 and detained under order of the 2nd respondent passed in C.O.C.No.80 of 2017 dtd. 24/11/2017. The said order is under challenge in this petition.

(2.) The petitioner has submitted a representation dtd. 30/11/2017 to R1 and R2 and it has been rejected by R1 on 12/1/2018 and by R2 on 15/12/2017.

(3.) Even though the learned counsel for the petitioner has raised several grounds to assail the order of detention, he has mainly focused his argument on the ground that when the detention order dtd. 24/11/2017 was approved by the Government on 5/12/2017, the representation submitted by the detenu before the Detaining Authority was rejected on 15/12/2017 by the very same Detaining Authority, which is not permissible. In support of his submission, the learned counsel for the petitioner has relied on the judgment of a Hon'ble Division Bench of this Court in the case of Muruggavalli vs. State, reported in (2012) 2 MLJ (Crl.) 448, in which, it has been held as under: