N PARAMESVARI W/O NATARAJAN Vs. SECRETARY TO GOVERNMENT, HOME, PROHIBITION AND EXCISE DEPARTMENT AND DISTRICT MAGISTRATE AND DISTRICT COLLECTOR

JUDGEMENT

(1.) This Writ Application challenges the order of the second respondent made in Detention Order No. 15/2008 dated 16.7.2008 whereby the petitioner's husband was ordered to be detained under the provisions of the Tamil Nadu Prevention of Dangerous Activities of Boot-Leggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum-grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) branding him as a "Bootlegger".

(2.) The Court heard the learned Counsel appearing for the petitioner and looked into all the materials available including the order under challenge.

(3.) Pursuant to the recommendation made by the sponsoring authority that the detenu was involved in two adverse cases viz., Crime No. 804/2007 under Sections 4(1)(k) TNP Act 1937 registered by Dindigul Taluk Police Station; Crime No. 334/2008 under Sections 4(1)(a) TNP Act, 1937 registered by Dindigul Taluk Police Station and in one ground case in Crime No. 159/2008 under Sections 4(1)(i), 4(1)(a), 4(1-A) TNP Act read with 328 IPC was registered by Dindigul Prohibition Enforcement Wing Police Station, the detaining authority recorded his subjective satisfaction that the activities of the detenu were prejudicial to the maintenance of public order and public health and that he should be detained as a "Bootlegger" and accordingly, made the order of detention, which is the subject matter of challenge before this Court.