LAWS(MAD)-2009-3-255

SHARMILA W/O GNANAM Vs. STATE OF TAMIL NADU REP BY ITS SECRETARY TO GOVERNMENT, HOME, PROHIBITION AND EXCISE DEPARTMENT; THE DISTRICT MAGISTRATE AND DISTRICT COLLECTOR; THE SUPERINTENDENT OF PRISON, PALAYANKOTTAI CENTRAL PRISON AND; THE SECRETARY, ADVISORY BOARD

Decided On March 18, 2009
Sharmila W/O Gnanam Appellant
V/S
State Of Tamil Nadu Rep By Its Secretary To Government, Home, Prohibition And Excise Department; The District Magistrate And District Collector; The Superintendent Of Prison, Palayankottai Central Prison And; The Secretary, Advisory Board Respondents

JUDGEMENT

(1.) Challenge is made to the order of the second respondent dated 02.08.2008 made in H.S.(M) CONFDL.No.37 of 2008, whereby the petitioner's husband by name Gnanam was termed as a 'Drug Offender' and was detained under the Tamil Nadu Act 14 of 1982.

(2.) The petitioner is present and she has made her submissions. The affidavit in support of the application is perused.

(3.) The petitioner's husband Gnanam, pursuant to the recommendations made by the sponsoring authority stating that three adverse cases were registered against him viz., Crime No. 539 of 2007 under Section 8(c) r/w 20(b)(ii)(B) of the NDPS Act, Crime Nos. 817 and 927 of 2007 under the same provisions and one ground case registered in Crime No. 491 of 2008 under the same provisions by the South Police Station, Thoothukudi and after scrutiny of the materials, the detaining authority took the view that the detenu has gone to the extent of causing danger to the lives of innocent people and posed a threat to the public health and thus his activities were in a manner prejudicial to the maintenance of public health and hence he was to be termed as 'Drug Offender' as defined under the Tamil Nadu Act 14 of 1982 and he was to be detained and accordingly he made the order dated 02.08.2008, which is the subject matter of challenge before this Court.