Nagarajan v. State represented by its Commissioner and Secretary, Prohibition and Excise Department, Madras, District Collector. Periyar District at Erode
1988-03-15
K.M.NATARAJAN, S.A.KADER
body1988
DigiLaw.ai
Judgment Kader, J.: This petition has been filed by the detenu under Art.226 of the Constitution of India, for the issuance of a writ of habeas corpus, quashing the order of detention passed against him by the second respondent-District Collector and District Magistrate, Periyar District on 2.9.1987 under Sec.3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act (Tamil Nadu Act XIV of 1982), with a view to preventing him from acting in any manner prejudicial to the maintenance of the public order. 2. The main ground urged by the learned counsel for the petitioner is that the order of detention is dated 2.9.1987 whereas the grounds of detention served on him bear the date 3.9.1987 and, therefore, even before the preparation of the grounds of detention, the order of detention has been passed without proper application of the mind by the detaining authority. 3. The learned counsel has produced before us the original detention order served upon him which bears the date 2.9.1987 and also the grounds of detention which bear the date 3.9.1987. There is, therefore, no doubt that the grounds of detention have been prepared, after the issuance of the order of detention on 2.9.1987. It is obvious that the detention order has been passed on 2.9.1987 without any proper application of the mind and without arriving at the subjective satisfaction by the detaining authority. The order cannot, therefore stand. 4. In the result, the writ petition is allowed and the order of detention is quashed and petitioner is directed to be set at liberty forthwith unless he is required in any other case.