MANIKANDAN Vs. DISTRICT COLLECTOR AND DISTRICT MAGISTRATE AND SECRETARY TO GOVERNMENT, HOME, PROHIBITION AND EXCISE (IX) DEPARTMENT

JUDGEMENT

(1.) Challenge is made to the order of the first respondent dated 24.05.2008 made in C.M.P.No.12 of 2008 whereby one Asaithambi, father of the petitioner herein was detained under the provisions of the Tamil Nadu Act 14 of 1982 after being termed as 'Drug Offender' as defined under the Act.

(2.) The Court heard the learned Counsel for the petitioner and the learned Additional Public Prosecutor on behalf of the respondents. All the materials including the order under challenge, the grounds of attack and also the counter affidavit filed by the respondents' side are looked into.

(3.) The order under challenge came to be passed by the detaining authority after looking into all the materials placed by the sponsoring authority that the detenu was involved in Cr. No. 16/2003 under Section 8(c) r/w. 20(b)(ii) of NDPS Act and the same was registered by the Madurai NIB, CID, Unit on 29.05.2003; the second case was registered in Cr. No. 192/2004 under Section 8(c) r/w. 20(b)(ii)(B) of NDPS Act by the Theni NIB, CID, Unit on 16.11.2004; the third case was registered in Cr. No. 146/2006 under Section 8(c) r/w 20(b)(ii)(a) of NDPS Act by the Melur Police Station, Madurai District on 05.04.2006; the fourth case was registered in Cr. No. 104/2006 under Section 8(c) r/w. 20(b)(ii)(B) of NDPS Act by the Theni NIB, CID Unit on 16.06.2006 and the fifth case was registered in Cr. No. 588/2007 under Section 8(c) r/w. 20(b)(i) of NDPS Act by the Melur Police Station, Madurai District on 29.08.2007.