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Judgment
T. Jayarama Chouta, J.—Annamma who is the aunt of the Petitioner has been detained as a bootlegger under Tamil Nadu Act 14 of 1982 in pursuance of an order dated 14.4.1997 passed by the first Respondent, the Commissioner of Police, Madras City with a view to preventing her from acting in any manner prejudicial to the maintenance of public order and public health.
We do not deem it necessary to narrate the facts in detail which led to the passing of the impugned order of detention, since this Habeas Corpus Petition will have to be allowed on the following ground:
The learned Advocate for the Petitioner pointed out that in a destruction mahazar, crime number has been given even before the registration of the case. He has submitted that such crime number could not have been given in the destruction mahazar when the case itself was not registered by the police. It is a clear case of manipulation. In a preventive order, the authority must follow the procedure strictly. Non compliance of the said procedure will vitiate the detention order. Since there is a lacuna in this case, the said benefit should go to the detenu.
Hence, we set aside the order of detention and direct that the detenu should be set at liberty forthwith unless she is required for any other purposes. The Habeas Corpus Petition is allowed.