C. LAWRENCE JAGANATHAN Vs. THE STATE OF TAMIL NADU REP. BY ITS SECRETARY, HOME, PROHIBITION & EXCISE DEPT., FORT ST. GEORGE, CHENNAI

JUDGEMENT

(1.) The petitioner is the son of the detenu. The detenu Chinnappan was detained in custody pursuant to the order of detention dated 2-12-1998 passed by the District Magistrate and District Collector, Tiruchirapalli District, Tiruchirapalli, on the ground that the petitioner is a bootlegger, as defined under Sec. 2 of the Tamil Nadu Act 14 of 1982. The petitioner has filed this petition challenging the order of detention.

(2.) In view of the only contention raised by the learned counsel for the petitioner, we are of the view that there is no need to elaborate the facts.

(3.) In the grounds of detention, three adverse cases have been mentioned. of which, second case is Crime No. 73 of 1998 on the file of Samayapuram Police Station, where in the detenu was charged for an offence under Sec. 4 (1) (a) of the Tamil Nadu Prohibition Act, 1937. The detenu was convicted and sentenced to pay a fine of Rs. 250.00, in default, simple imprisonment for three weeks, by the Judicial Magistrate, Ariyalur in STC No. 459 of 1998 dated 27-3-1998, for the commission of offence relating to the possession of illicit distilled arrack. The accused paid the fine amount. Whereas in the translated Tamil version, it has been stated as follows: VERNACULAR MATTER