MANI Vs. THE STATE OF TAMIL NADU

JUDGEMENT

(1.) PETITIONER is the uncle of the detenu Chinnakutti. Who had been detained as 'bootlegger' pursuant to the impugned order of detention, date 30.12.1998, passed by the second respondent herein.

(2.) THE impugned order of detention is being challenged on the ground that the wife of the detenu had sent a representation to the Detaining Authority as well as to the District Collector, the Government and the District Superintendent of Police stating that her husband has been illegally detained by the police from 20.12.1998 and they are trying to foist a case against him. The said representation had been received by the Detaining Authority on 28.12.1998 and the same has not been considered by the Detaining Authority while passing the order of detention. Further, the said representation has not been forwarded to the Government along with the order of detention is vitiated.

(3.) WE carefully considered the above contentions of both the counsel.