PRABHU @ PRABHAKARAN Vs. COMMISSIONER OF POLICE,; SECRETARY TO THE GOVERNMENT, HOME, PROHIBITION AND EXCISE DEPARTMENT AND INSPECTOR OF POLICE

JUDGEMENT

(1.) Challenge is made to the order of the first respondent made in No. 59/BDFGISSV/2008 dated 15.7.2008 whereby the mother of the petitioner, by name, Karuppayee 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) terming her as a "Drug Offender".

(2.) The Court heard Mr. R. Anand, learned Counsel appearing for the petitioner, looked into the materials available including the order under challenge.

(3.) It is not in controversy that pursuant to the recommendations made by the sponsoring authority that the detenue, Karuppayee was involved in seven adverse cases viz., in Crime No. 909/2006 under Section 8(c) r/w 20(b)(ii)(b) NDPS Act 1985, Crime No. 1137/2006 under Sections 8(c) r/w 20(b)(ii)(b) NDPS Act 1985, Crime No. 1354/2006 under Sections 8(c) r/w 20(b)(ii)(a) NDPS Act 1985, Crime No. 8(c) r/w 20(b)(ii)(b) NDPS Act 1985, Crime No. 1351/2007 under Sections 8(c) r/w 20(b)(ii)(a) NDPS Act 1985, Crime No. 8(c) r/w 20(b)(ii)(b) NDPS Act 1985 and Crime No. 8(c) r/w 20(b)(ii)(A) NDPS Act 1985 registered in D2 Sellur Police Station, and in one ground case in Crime No. 858/2008 Under Section 8(c) r/w 20(b)(ii)(b) NDPS Act registered in D2 Sellur Police Station, for an incident that took place on 11.6.2008, looking into all the materials available, the detaining authority recorded his satisfaction that the activities of the detenue were prejudicial to the maintenance of public order and public health and that she should be detained under the provisions of the Tamil Nadu Act 14/1982 terming her as a "Drug Offender" and accordingly, made the order, which is the subject matter of challenge.