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2006 DIGILAW 345 (MAD)

Karuna (a) Karunakaran v. The State of Tamilnadu, Rep. by its Secretary to Govt. & Another

2006-02-13

J.A.K.SAMPATHKUMAR, P.SATHASIVAM

body2006
Judgment :- (Petition under Article 226 of the Constitution of India for the issuance of a Writ of Habeas Corpus to call for the entire records leading to the detention of the petitioner namely Karuna @ Karunakaran detained under Act 14/82, vide detention order dated 09.09.2005 on the file of the 2nd respondent herein made in Memo No.449/BDFGISV/2005, quash the same and consequently direct the respondents herein to produce the body and person of the said detenu before the Court and thereafter set him at liberty.) P. Sathasivam, J. The petitioner, who is detained as 'Goonda' as contemplated under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) by the impugned detention order dated 09.09.2005, challenges the same in this Petition. 2. Heard learned counsel for the petitioner as well as learned Government Advocate for the respondents. 3. Learned counsel for the petitioner made the only submission that no one in the family of the detenu has been intimated regarding the detention order passed against the detenu. Learned Government Advocate has produced the File, which shows that the same was intimated to detenu's wife by name Lakshmi on 10.09.2005 and the intimation was acknowledged by her in the presence of two witnesses. Hence, the submission made by the learned counsel cannot be accepted. 4. Habeas Corpus Petition fails and the same is dismissed.