Kuldip Singh, J. - (1.) Special leave granted in these petitions.
(2.) The respondents, in these appeals were detained under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Forest-Offenders, Goondas, Immoral Traffic Offenders and Slum-Grabbers Act, 1982 (the Act). The detention orders were passed by the Commissioner of Police in exercise of power conferred on him under Section 3(2) of the Act. The High Court by the impugned judgment has set aside the detention orders on the ground that the power under Section 3(2) of the Act was not validly conferred on the Commissioner of Police and as such he had no authority to issue the detention orders. These appeals by way of special leave are by the State of Tamil Nadu against the judgment of the High Court. Sub-sections (1) and (2) of Section 3 which are relevant are reproduced hereunder: "(1) The State Government may, if satisfied with respect to any bootlegger or drugoffender or goonda or immoral traffic offender or slum-grabber that with a view to prevent him from acting in any manner prejudicial to the maintenance of public order, it is necessary so to do, make an order directing that such person be detained. (2) If, having regard to the circumstances prevailing, or likely to prevail in any area within the local limits of the jurisdiction of a District Magistrate or a Commissioner of Police, the State Government are satisfied that it is necessary so to do, they may, by order in writing, direct that during such period as may be specified in the order, such District Magistrate or Commissioner of Police may also, if satisfied as provided in sub-section (1), exercise the powers conferred by the said sub-section: Provided that the period specified in the order made by the State Government under this sub-section shall not in the first instance, exceed three months, but the State Government may, if satisfied as aforesaid that it is necessary so to do, amend such order to extend such period from time to time by any period not exceeding three months at any one time."
(3.) In exercise of the powers under Section 3(2) of the Act, the State Government issued a Government order dated October 15, 1990 conferring the power of the State Government under Section 3(1) of the Act upon the Commissioner of Police, Madras for a period of three months from October 18, 1990. The order is reproduced hereunder: "PROHIBITION AND EXCISE (XII) DEPARTMENT G.O.Ms. No. 939 Dated 15-10-90 Purattasi 29, Promodhutha, Thiruvalluvar Aandu 2021 Read:-1. G.O. Ms. No. 25, prohibition and Excise Department dated 18-1-1982 2. G.O. Ms. No. 803, Home and Prohibition and Excise (XII) Department dated 17-7-90. ********** ORDER: WHEREAS orders have been issued in G.O. first read above, directing that the power to make orders detaining Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers under sub-section (1) of Section 3 of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982 (Tamil Nadu Act 14 of 1982) may also be exercised by the Commissioner of Police, Madras for a period of three months on and from the 18th January, 1982. AND WHEREAS orders have been issued subsequently amending the G.O. first read above and extending the above period, from time to time by three months at a time; AND WHEREAS the said period, last extended for three months from the 18th July, 1990 in the G.O. second read above, expires on the 17th October, 1990." ;