PRABHU ALIAS PRABHAKARAN Vs. COMMISSIONER 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.) THE Court heard the learned Additional Public Prosecutor on the above contentions and paid its anxious consideration on the submissions made. From the scrutiny of the materials, it is quite clear that pursuant to the recommendation of the sponsoring authority that the detenue was involved in seven adverse cases and in one ground case as referred to above, the detaining authority passed the order of detention on 15.7.2008. It is not in dispute that there was a pre-detention representation made on 16.6.2008 and the same was also rejected and the same is found mentioned in the order. THErefore, it would be quite clear that it was a relied on document. Naturally, one would expect a copy of the same should be served on the detenue but there is no material available to indicate that the same was served. Hence, it would certainly affect the order under challenge.