JEYA Vs. STATE OF TAMIL NADU AND OTHERS
LAWS(MAD)-2018-3-1238
HIGH COURT OF MADRAS
Decided on March 23,2018

JEYA Appellant
VERSUS
STATE OF TAMIL NADU AND OTHERS Respondents




JUDGEMENT

S.VIMALA,J. - (1.)The petitioner is the detenu viz., Jeya, W/o.Krishnan @ Ganja Krishnan, aged about 45 years. The detenu has been detained, as per the order of the second respondent, dated 05.12.2017, under Section 2(e) of the Tamil Nadu Act 14 of 1982, branding him as "Drug Offender". Challenging the same, the petitioner has come up with this Habeas Corpus Petition.
(2.)We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents. We have also perused the records carefully.
(3.)Though a number of grounds have been raised in the affidavit filed in support of the petition to assail the Order of Detention, the learned counsel for the petitioner mainly relies on the contention that the Detaining Authority, who received a representation dated 16.12.2017 from the petitioner, who is the detenu herein, without referring the same to the Government, chose to pass an order of rejection rejecting the said representation on 29.12.2017, namely, after the Detention Order was approved by the Government and that the said rejection order should be viewed as one passed by an authority which had become functus officio.


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