ZAINAMBU Vs. DISTRICT COLLECTOR AND DISTRICT MAGISTRATE; SECRETARY TO GOVERNMENT, HOME, PROHIBITION AND EXCISE DEPARTMENT AND; INSPECTOR OF POLICE

JUDGEMENT

(1.) This Writ Petition challenges the order of the first respondent dated 28.4.2008 made in M.H.S. Condfl No. 69/2008 whereby the order of detention was made 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) against the detenu terming him as a "Drug Offender".

(2.) The Court heard the learned Counsel for the petitioner and looked into the affidavit filed in support of the petition and also the counter affidavit filed by the State.

(3.) Admittedly, pursuant to the recommendation made by the sponsoring authority that the detenu, husband of the petitioner herein was involved in two adverse cases viz., in Crime No. 36 and 37 of 2006 both under Sections 8(c) r/w 20(b)(ii)(A) Narcotic Drugs and Psychotropic Substance Act registered in Shenkottai Police Station and Crime No. 834 of 2007 under Sections 8(c) r/w 20(b)(ii)(A) Narcotic Drugs and Psychotropic Substance Act and involved in one ground case in Crime No. 126 of 2008 under the same provisions of the Act, the detaining authority after recording satisfaction that the activities of the detenu were prejudicial to the maintenance of the public order and public health made the order under challenge terming the detenu as a "Drug Offender" as defined under the Act, which is the subject matter of challenge.