KALI Vs. STATE REP. BY SECRETARY TO GOVERNMENT PROHIBITION AND EXCISE DEPARTMENT, SECRETARIAT, CHENNAI - 9.

JUDGEMENT

(1.) THE Petitioner challenges herein the order passed by the District Collector and District Magistrate, Kancheepuram dated 19.4.2001, whereby one Devaki, Wife of Thiru Kali Kuppiaya Nellore village, has been directed to be detained under Section 3 of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbe'rs Act 1982 (Tamil Nadu Act, 14 of 1982). On the ground that she was a bootlegger and that her activities were found prejudicial and to the maintenance of public health and public order.

(2.) THE only point raised by the learned Counsel Mr Swamidoss Manoharan is that even prior to the detention, a representation dated 7.4.2001 was sent by the Petitioner, which reached the detaining authority on 9.4.2001. He points out further that it is an admitted position that the said representation was considered by the detaining authority but there is no reference to the said consideration and the said document either in the detention order, grounds of detention and the copy thereof is also not supplied to the detenue. Learned Counsel produced before us the copy of the said representation along with the acknowledgment as it was sent by Registered Post with Acknowledgment Due. Learned Counsel also invited our attention to the counter affidavit filed and more particularly at para 7 wherein a clear out statement has been made that the representation dated 7.4.2001 was received by the Respondent detaining authority on 9.4.2001 and was properly considered before passing the order of detention.

(3.) IN the result the writ Petitioner succeeds and the order of detention, which is impugned in the petition, is set aside. The detenu is directed to be set at liberty forthwith unless wanted in any other matter.